Federal Court of Australia
183.
IN THE FEDERAG COURT
OF AUSTRALIA WESTERN AUSTRALIA DISTRICT
REGISTRY GENERAL DIVISION No. W.A.G 8 of 1979
ON APPEAL from the REPATRIATION REVIEW TRIBUNAL
NANCY LAW
Applicant
THE REPATRIATION COMMISSION
Respondent ORDER JUDGE: The Honourable MR. JUSTICE TOOHEY DATE OF ORDER: 25th March, 1980 WERE MADE: Perth in the State of Western Australia. ,
THE COURT ORDERS THAT :
1. The appeal be allowed.
2. The decision of the Repatriation Review Tribunal given on 10th September 1979 be set aside.
3. The claim by the Applicant as the widow of JAMES LAW WX 4134 for a pension pursuant to the provisions of Section 101 (1) of the Repatriation Act, 1920 be granted.
4. The Respondent pay the Applicant's costs of the appeal
to be taxed.
S ' " '
dctesh
DISTRICT REGISTRAR
* DATE ENTERED: Prh e vk (4
THIS ORDER was extracted by Muir Williams Nicholson & Co. of Law Chambers, Cathedral Square, Perth
Telephone: 325.0421 Reference: JN.MPJ.60174
183.
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IN THE FEDERAL COURT OF AUSTRALIA
) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. W.A. 8 of 1979 ) GENERAL DIVISION )
ON APPEAL from the REPATRIATION REVIEW TRIBUNAL
NANCY LAW Applicant "Tree Robelral' on Comayss tent FRS- Respondent
CORAM: TOOHEY J.
a> March 1980
REASONS FOR JUDGMENT
TOOHEY J. James Law died on 15 September 1976. His ' death was due to carcinoma of the lung, with myocardial
infarction a contributory cause.
The procedures followed for a pension
His widow sought a war widow's pension under the
provisions of the Repatriation Act 1920. In accordance
with the Act the claim was submitted to a Repatriation Board for consideration and determination. On 11 January 1977 the Board refused the claim, its reasons noted in summary form as "Death rejected under Section 101. Not
related to service".
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2. Pursuant to s.28 of the Act, something of a from Caesar to Caesar provision, Mrs. Law appealed to the Repatriation Commission which on 19 April 1977 disallowed the appeal, finding that "the reasoning and conclusions of the Board are consistent with the
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