Costa and Repatriation Commission (Veterans' entitlements)

This case concerned an application for a widow's pension by Mrs Costa, following the death of her husband, Mr Costa. The central dispute was whether Mr Costa's death was "war-caused" within the meaning of the *Veterans' Entitlements Act 1986* (Cth). The matter came before Deputy J W Constance P.

The legal issues before the court were whether the evidence pointed to a hypothesis connecting Mr Costa's death, which involved hypertension, a cerebrovascular accident, and atrial fibrillation, with the circumstances of his operational service. This required consideration of various Statements of Principles, including No. 63 of 2013, No. 65 of 2015, and No. 49 of 2014, and whether the established medical conditions were sufficiently linked to his service.

The court considered evidence from Associate Professor Haber and Professor O’Rourke, as well as statements from Mrs Costa and Mr Barry Costa. Associate Professor Haber opined that excessive alcohol consumption could cause atrial fibrillation and that smoking was a known cause of cerebrovascular accidents, materially contributing to Mr Costa's stroke. Professor O’Rourke detailed the severe arterial damage caused by Mr Costa's heavy smoking and alcohol consumption, leading to his premature death. The court found the witnesses to be honest and their evidence supported by medical records. Crucially, the court was satisfied that the evidence established a hypothesis connecting Mr Costa's death to his operational service.

Consequently, the decision of the Repatriation Commission made on 22 March 2016 was set aside. The court substituted a decision that Mr Costa's death on 19 October 2013 was war-caused, entitling Mrs Costa to a widow's pension, with effect from 4 April 2014.