Collins v Repatriation Commission [2008] FCA 1982

Collins v Repatriation Commission [2008] FCA 1982

The Tribunal correctly found that ischemic heart disease hastened but did not cause or contribute to the cause of death (pulmonary embolism). Only the medical cause—pulmonary embolism—constitutes the 'kind of death' for statutory purposes. There was no error of law; the appeal must be dismissed.

Parties
Applicant: June Collins; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Kind of Death, Causation of Death, War Widow's Pension, Statutory Interpretation
Veterans' Entitlements Administrative Law Kind of Death Causation of Death War Widow's Pension Statutory Interpretation

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Parties

June Collins

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 What degree of causation or contribution is required for a particular 'kind of death' under the Veterans' Entitlements Act 1986 (Cth)?
  2. 2 Whether ischemic heart disease qualified as a 'kind of death' for purposes of s 120A of the Act

Ratio Decidendi

The Tribunal correctly found that ischemic heart disease hastened but did not cause or contribute to the cause of death (pulmonary embolism). Only the medical cause—pulmonary embolism—constitutes the 'kind of death' for statutory purposes. There was no error of law; the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The Appellant pay the Respondent's costs of the appeal.