Cook v Repatriation Commission

[2000] FCA 1756

FEDERAL COURT OF AUSTRALIA

Cook v Repatriation Commission [2000] FCA 1756

VETERANS’ AFFAIRS – veterans’ entitlements – disability pension – appeal from decision of Administrative Appeals Tribunal – whether veteran’s osteoarthritis to the knees was war-caused – whether correct Statement of Principles was applied – whether failure to apply correct Statement of Principles constitutes a relevant error of law – whether evidence satisfied Statement of Principles – whether Tribunal correctly applied relevant provisions under Veterans’ Entitlements Act 1986 (Cth) – whether Tribunal correctly applied Repatriation Commission v Deledio (1998) 83 FCR 82 – whether Tribunal provided adequate reasons for decision.

Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B)
Veterans’ Entitlements Act 1986 (Cth) ss 9, 119, 120 and 120A

Repatriation Commission v Deledio (1998) 83 FCR 82 at 97-8 referred to
Keeley v Repatriation Commission (1999) 30 AAR 48 referred to
Repatriation Commission v Keeley (2000) 98 FCR 108 referred to
Harris v Repatriation Commission (2000) 31 AAR 270 referred to
Arnott v Repatriation Commission [2000] FCA 1336 referred to
Mason v Repatriation Commission [2000] FCA 1409 referred to
Harris v Repatriation Commission [2000] FCA 1687 at pars 7, 38 followed
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 272 referred to
Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 at 560-562 referred to

RONALD ERIC COOK v REPATRIATION COMMISSION

V 465 of 2000

WEINBERG J
7 DECEMBER 2000
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 465 OF 1999

BETWEEN:	RONALD ERIC COOK APPLICANT
AND:	REPATRIATION COMMISSION RESPONDENT
JUDGE:	WEINBERG J
DATE OF ORDER:	7 DECEMBER 2000
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

2.The applicant pay the respondent’s costs of and incidental to the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 465 OF 1999

BETWEEN:	RONALD ERIC COOK APPLICANT
AND:	REPATRIATION COMMISSION RESPONDENT

JUDGE:	WEINBERG J
DATE:	7 DECEMBER 2000
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. This is an appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”) from a decision of the Veterans’ Appeals Division of the Administrative Appeals Tribunal (“the AAT”) made on 16 July 1999. By that decision the AAT affirmed in part a decision by the Repatriation Commission (“the Commission”), which had been affirmed by the Veterans’ Review Board, that the applicant’s osteoarthritis of the left and right knees was not “war-caused” within the meaning of s 9 of the Veterans’ Entitlements Act 1986 (Cth) (“the VE Act”). 

2. The questions of law raised by the notice of appeal are:

   (a)Was the AAT wrong in law in its application of ss 9, 119, 120 and 120A of the VE Act?

   (b)Was the AAT wrong in its application of Repatriation Commission v Deledio (1998) 83 FCR 82?

   (c)Was the AAT wrong in law in failing to provide adequate…