Re Jebb and Repatriation Commission

[2005] AATA 470

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 470

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No S2003/518

VETERANS’ APPEALS DIVISION		)
Re		JOHN WILLIAM JEBB

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Deputy President D G Jarvis

Date24 May 2005

PlaceAdelaide

Decision

The Tribunal directs that:

(a)      the Commission is not estopped from contending that the applicant’s condition of diabetes mellitus is not war-caused, and accordingly the parties are at liberty on the hearing of the within proceedings to adduce such evidence as they may be advised in relation to that issue; and

(b)      the parties are nevertheless at liberty on the hearing of the within proceedings to adduce such evidence as they may be advised in relation to the applicant’s contention that the Commission is estopped from contending that the applicant’s condition of diabetes mellitus is not war-caused.

D G Jarvis
  (Signed)
  Deputy President

ADMINISTRATIVE APPEALS TRIBUNAL    )
  )           No. S2003/518
VETERANS’ APPEALS DIVISION                  )

Re:     JOHN WILLIAM JEBB

Applicant

And:REPATRIATION COMMISSION

Respondent

DIRECTION [2005] AATA 470

TribunalDeputy President Jarvis

Date26 September 2005

Date of Decision                24 May 2005

PlaceAdelaide

Pursuant to s 43AA(1) of the Administrative Appeals Tribunal Act 1975 the TRIBUNAL DIRECTS the Registrar to alter the text of the reasons for decision in this matter by:

1.amending the figure “127” in paragraph 52 of the decision to “[127]”; and

2.by deleting the word “application”, where that word appears as the second word in the second sentence of paragraph 57 of the decision, and as the last word in that paragraph, and replacing it with the word “action”.

……………………………………
  D G Jarvis
  (Deputy President)

CATCHWORDS

VETERANS' AFFAIRS - disability pension - whether ischaemic heart disease was war-caused - Statement of Principles in respect of ischaemic heart disease includes factor that veteran suffering from diabetes mellitus before clinical onset of ischaemic heart disease - respondent had earlier accepted that diabetes mellitus was war-caused - meaning of “any matter that affects the payment of a pension” - earlier acceptance by respondent of diabetes mellitus does not give rise to equitable estoppel -  whether equitable estoppel, Anshun estoppel or issue estoppel apply to decisions of Repatriation Commission - whether equitable estoppel, Anshun estoppel or issue estoppel apply to decisions of Administrative Appeals Tribunal.

Veterans’ Entitlement Act 1986, s 9, 13, 14, 31, 120, 120A, and 196B

Administrative Appeals Tribunal Act (1975), s 2A, 33, 42B and 44(7)

McKenna v Repatriation Commission (1999) 86 FCR 144

Repatriation Commission v O’Brien (1995) 155 CLR 422

Langley v Repatriation Commission (1993) 43 FCR 194

Repatriation Commission v Gorton (2001) 110 FCR 321

Re Lees and Repatriation Commission [2004] AATA 583

Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387

Commonwealth v Verwayen (1990) 170 CLR 394

Dal Pont and Chalmers : Equity and Trust in Australia (3^rd Ed)

Formosa v Secretary, Department of Social Security (1988) 46 FCR 117

Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98

Attorney-General (NSW) v…