Gartrell v Repatriation Commission [2000] FCA 542

Gartrell v Repatriation Commission [2000] FCA 542

Because the facts were not relevantly different from Ogston and it was common ground that a single judge was bound to follow that decision, the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
18 April 2000
Procedural Posture
Appeal on a Point of Law From a Decision of the Administrative Appeals Tribunal / Federal Court Judgment
Outcome
Application dismissed with costs.
Legal Topics
['statements of Principles Under the Veterans Entitlements Act 1986 (cth)' 'service Related Disability Claims' 'binding Full Court Authority']
['administrative Law' 'veterans Entitlements'] ['statements of Principles Under the Veterans Entitlements Act 1986 (cth)' 'service Related Disability Claims' 'binding Full Court Authority']

Case Brief

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Procedural Posture

Appeal on a Point of Law From a Decision of the Administrative Appeals Tribunal / Federal Court Judgment

Legal Issues

  1. 1 ['Whether a statement of principles determined under s 196B of the Veterans Entitlements Act 1986 (Cth), made after lodgement of a claim and having the effect of negating a reasonable hypothesis that the claimed disability was service related, applies so that the claim must be determined in accordance with that statement of principles.']

Ratio Decidendi

Because the facts were not relevantly different from Ogston and it was common ground that a single judge was bound to follow that decision, the application had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant is to pay the respondent's costs."]