Repatriation pension – Whether injury arose out of or was attributable to defence service – Whether attendance at Mess function compulsory – Whether attendance at Mess function constituted defence service – Applicant injured as a result of falling from window due to intoxication.
Administrative law – Tribunal of the Commonwealth – Whether Administrative Appeals Tribunal gave reasons which conformed to law – Sufficiency of reasons – Whether perverse findings of fact constitute an error of law – Jurisdiction of Federal Court to disturb perverse findings of fact – Whether returning matter to the Administrative Appeals Tribunal would be futile – Whether High Court should substitute a finding on the facts.
Statutes – Construction – Interpretation of beneficial provisions.
Words and phrases – "defence-caused", "defence service", "attributable to", "arose out of".
Administrative Appeals Tribunal Act 1975 (Cth) ss 29 – 43, 44, 57A.
Federal Court Act 1976 (Cth) ss 19 – 20.
Veterans' Entitlement Act 1986 (Cth) ss 44(1) – 70(1), 70(5), 70(7), 70(9), 120(4), 120B(3), 180A(3).
Judgment date
Case number
D7/2004
Before
McHugh, Gummow, Kirby, Callinan, Heydon JJ
Catchwords