BENCHMARK A Daily Bulletin listing Decisions of Superior Courts of Australia Compiled for those in Insurance Thursday 24 April 2008 Riley v Repatriation Commission [2008] FCA 531 Federal Court of Australia Edmonds J (at Sydney) Defence & war – Veterans’ Entitlements Act 1986 (Cth) - applicant had served in Australian Army from February 1965 until February 1968 – he served in Vietnam from June 1966 until May 1967 - appeal from Administrative Appeals Tribunal affirming decision of a delegate of Repatriation Commission that applicant's chondromalacia patellae of both knees had not been related to his service – material must raise reasonable hypothesis connecting veteran’s injury or disease with circumstances of service – findings of fact against claim must be made beyond reasonable doubt – no impermissible resolution of possible conflicts in evidence or impermissible findings of fact in Tribunal’s decision - appeal dismissed. Riley Frippery Pty Ltd v Booth, Environmental Defenders Office (Qld) Inc & Ors [2008] FCA 514 Federal Court of Australia Collier J (at Brisbane) Costs – notice of discontinuance – application by respondents that costs be awarded on indemnity basis – held that justice of case required respondents’ costs be awarded on indemnity basis - applicants’ claims were of vexatious & frivolous nature. Frippery Benchmark is prepared daily by A R Conolly & Company Lawyers, Sydney e:
[email protected] t: 02 9333 3600 - 2 - Lime Telecom Pty Ltd v Powertel Limited [No.2] [2008] NSWSC 362 Supreme Court of New South Wales McDougall