Federal Court of Australia
CATCHWORDS
War Widows Pension - Member of the Forces - Death of member caused by carcinoma due to smoking - Smoking commenced during war service - Connection between death and occurrence during war service - Meaning of "occurrence" - Connection between death and war service - Standard of proof under Repatriation Act 1920.
Repatriation Act 1920 (Cth.) ss.23, 24, 27, 47, 101,
107VG, 107VH, 107VZZH.
The Repatriation Commission v. Nancy Law.
No. W.A.G20 of 1980.
Coram : Bowen C.J., Brennan and Lockhart JJ.
Date : 14 August 1980.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA ) )
WESTERN AUSTRALIA DISTRICT REGISTRY No. W.A. G20 of 1980 )
GENERAL DIVISION
ON APPEAL from a Single Judge of the Federal Court of Australia
BETWEEN : REPATRIATION COMMISSION Appellant AND : NANCY LAW Respondent ORDER
JUDGES MAKING ORDER Bowen,C.J., Brennan and Lockhart JJ.
DATE OF ORDER 14 august 1980.
WHERE MADE Sydney.
THE COURT ORDERS THAT
a
1. The appeal be dismissed.
2. The appellant pay to the respondent her costs of the
appeal,
IN THE FEDERAL COURT OF AUSTRALIA ) )
WESTERN AUSTRALIA DISTRICT REGISTRY No. W.A.G20 of 1980 )
GENERAL DIVISION
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN : REPATRIATION COMMISSLON Appellant AND : NANCY LAW Respondent
CORAM : Bowen C.J., Brennan and Lockhart JJ.
14 August 1980.
REASONS FOR JUDGMENT
THE COURT :
This is an appeal from a judgment of Toohey J. who allowed an appeal by the present respondent against the refusal of the Repatriation Review Tribunal to order the payment to her
of a pension pursuant to s.101 of the Repatriation Act 1920
("the Act"). This appeal raises for the first time before this
Full Court the interpretation of amendments to the Act made by
the Repatriation Acts Amendment Acts of 1977 and 1979.
Mr. James Law enlisted in the Australian Military Forces in World War II in June 1940. He served first in the Middle East and later in Java, where he became a prisoner-of- war of the Japanese in March 1942. He was recovered from the
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