Dunlop v Repatriation Commission

[2003] FCAFC 201

FEDERAL COURT OF AUSTRALIA

Dunlop v Repatriation Commission [2003] FCAFC 201

VETERANS’ ENTITLEMENTS – Appeal from primary Judge dismissing application for review of Administrative Appeals Tribunal (“AAT”) decision – claim by appellant for war widow’s pension – AAT determined that death of veteran was not war-caused – AAT concluded that no reasonable hypothesis had been raised connecting the death of the veteran with the service rendered – primary Judge found no error in AAT’s decision – whether a reasonable hypothesis was raised on the material before the AAT – whether AAT provided adequate reasons – whether primary Judge erred

Veterans’ Entitlements Act 1986 (Cth) ss 8, 9 and 120

East v Repatriation Commission (1987) 16 FCR 517 referred to
Repatriation Commission v Bey (1997) 79 FCR 364 cited
Repatriation Commission v Deledio (1998) 83 FCR 82 discussed
Connors v Repatriation Commission (2000) 59 ALD 61 referred to
Repatriation Commission v McKenna (1998) 28 AAR 7 referred to
Hill v Repatriation Commission (2001) 66 ALD 293 referred to
McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 cited

ITA SYLVIA DUNLOP v REPATRIATION COMMISSION
V 845 OF 2002

SPENDER, TAMBERLIN AND KENNY JJ
MELBOURNE
27 AUGUST 2003

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V 845 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ITA SYLVIA DUNLOP APPELLANT
AND:	REPATRIATION COMMISSION RESPONDENT
JUDGES:	SPENDER, TAMBERLIN & KENNY JJ
DATE OF ORDER:	27 AUGUST 2003
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.        The appeal is dismissed.

2.        The appellant pay the respondent’s costs.

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 845 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	ITA SYLVIA DUNLOP APPELLANT
AND:	REPATRIATION COMMISSION RESPONDENT

JUDGES:	SPENDER, TAMBERLIN & KENNY JJ
DATE:	27 AUGUST 2003
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

THE COURT:

1. This is an appeal from a judgment of Ryan J dismissing an appeal from a decision of the Administrative Appeals Tribunal (“AAT”) which determined that the death of Raymond Dunlop (“the veteran”) had not been war-caused. Raymond Dunlop was the husband of the appellant.  They were married on 12 December 1944.  The veteran committed suicide in 1972.

2. The veteran was born on 25 April 1922.  He was graded as medically Class 1 on enlistment and served approximately twenty-two months in a regiment in Western Australia.  On 23 March 1944 he embarked at Townsville for operational service in Merauke, a small village on the south coast of (what was then) Dutch New Guinea, approximately sixty nautical miles north-west of the boundary with Papua.  After returning from war service in Merauke, the veteran served in infantry training battalions in New South Wales until his discharge on 20 November 1945.  He was diagnosed with depression in early 1970 and for a period of about six months he used anti-depressant tablets.  The veteran…