Wheeldon v Repatriation Commission [1999] FCA 1397

Wheeldon v Repatriation Commission [1999] FCA 1397

The Tribunal was entitled to conclude, on the evidence before it, particularly that of Professor Levi, that the hypothesis linking DDT exposure to carcinoma of the oesophagus was not reasonable in the statutory sense, and thus the claim failed.

Parties
Appellant: Lillian Isobel Wheeldon; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
12 October 1999
Procedural Posture
Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
appeal dismissed
Legal Topics
War Caused Death, Pension Claim, Expert Evidence, Reasonable Hypothesis, Standard of Proof
Veterans' Entitlements War Caused Death Pension Claim Expert Evidence Reasonable Hypothesis Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Lillian Isobel Wheeldon

Appellant

Repatriation Commission

Respondent

Procedural Posture

Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the Tribunal erred in finding no reasonable hypothesis linking the veteran's cancer of the oesophagus to exposure to DDT during operational service
  2. 2 Whether the Tribunal was entitled to conclude, on the evidence before it, that the hypothesis was not reasonable
  3. 3 Whether the Tribunal incorrectly assessed or disregarded expert medical evidence

Ratio Decidendi

The Tribunal was entitled to conclude, on the evidence before it, particularly that of Professor Levi, that the hypothesis linking DDT exposure to carcinoma of the oesophagus was not reasonable in the statutory sense, and thus the claim failed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.