FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Money [2008] FCA 118
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether disease was defence-caused – meaning of “inability to obtain appropriate clinical management” – no error in Tribunal’s finding that there was an inability to obtain appropriate clinical management – no error in Tribunal’s finding that respondent’s idiopathic fibrosing alveolitis was defence-caused – application dismissed
Veterans’ Entitlements Act 1986 (Cth) ss 31, 70, 196B, 120, 120B
Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44Repatriation Commission v Smith (1987) 15 FCR 327 cited
Somerset v Repatriation Commission [2005] FCA 1399 distinguished
Repatriation Commission v Wedekind [2000] FCA 649 considered
Brew v Repatriation Commission (1999) 94 FCR 80 cited
Baxter Healthcare Pty Limited v Comptroller-General of Customs (1997) 72 FCR 467 considered
Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598 considered
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 citedFederal Broom Company Pty Limited v Semlitch (1964) 110 CLR 626 considered
Johnston v Commonwealth (1982) 150 CLR 331 cited
Repatriation Commission v Bendy (1989) 10 AAR 323 citedREPATRIATION COMMISSION v DENNIS JOHN MONEY
WAD 371 OF 2006STONE J
4 MARCH 2008
SYDNEY (HEARD IN PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 371 OF 2006
ON APPEAL FROM THE VETERANS’ APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A MEMBER
BETWEEN:
REPATRIATION COMMISSION
ApplicantAND:
DENNIS JOHN MONEY
Respondent
JUDGE:
STONE J
DATE OF ORDER:
4 MARCH 2008
WHERE MADE:
SYDNEY (HEARD IN PERTH)
THE COURT ORDERS THAT:
1.The application is dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 371 OF 2006
ON APPEAL FROM THE VETERANS' APPEAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A MEMBER
BETWEEN:
REPATRIATION COMMISSION
ApplicantAND:
DENNIS JOHN MONEY
Respondent
JUDGE:
STONE J
DATE:
4 MARCH 2008
PLACE:
SYDNEY (HEARD IN PERTH)
REASONS FOR JUDGMENT
The issue in the present proceeding is whether the respondent, Mr Money is entitled to a pension under the Veterans’ Entitlements Act 1986 (Cth). Mr Money has a severe respiratory disease known as idiopathic fibrosing alveolitis (‘IFA’). The nub of the issue is whether that disease is ‘defence-caused’ as that term is defined in the Act. Delegates of the Repatriation Commission and the Veterans’ Review Board have answered that question in the negative. The latter decision, that of the Veterans’ Review Board, was reversed by the Administrative Appeals Tribunal which decided that Mr Money’s IFA was defence-caused. Pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), the Commission appeals from that decision.
Before addressing the Commission’s grounds of appeal, it will be convenient to outline the relevant provisions of the Veterans’ Entitlements Act, which provide some explanation of the disease from which Mr Money suffers, and then set out in more detail…
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- AGLC
- Repatriation Commission v Money [2008] FCA 118
- Case
- [2008] FCA 118
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the Tribunal erred in its interpretation of certain provisions of the Veterans’ Entitlements Act, specifically clause 5(a) of Statement of Principles No 16 of 1998 concerning Idiopathic Fibrosing Alveolitis, and whether there was sufficient material before the Tribunal to support its findings on the balance of probabilities. The Commission argued that the Tribunal failed to apply the correct standard of proof and misconstrued the statutory provisions in question. The court had to determine whether the Tribunal's findings were legally sound and supported by the evidence presented.
The court found that the Tribunal did not err in its interpretation of the statutory provisions. The court held that the Tribunal’s findings that Mr Money’s IFA was aggravated by his inability to obtain appropriate clinical management were supported by the evidence. The court also held that the Tribunal correctly applied the standard of proof required by the Act, which is satisfaction on the balance of probabilities. The court further found that the Tribunal was not required to make certain findings that the Commission argued should have been made, as those findings were not necessary to support the Tribunal's decision.
The court concluded that the Tribunal's decision was legally sound and supported by the evidence. The court dismissed the Commission’s application with costs. The court held that the Tribunal's findings that Mr Money’s IFA was defence-caused were open to it on the evidence and that there was no error in law that would entitle the Commission to have the decision set aside. The court therefore dismissed the appeal and affirmed the Tribunal’s decision.
Orders
Orders of the court
1. The application is dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: STONE J
Full text does not contain this section.