Federal Court of Australia
is
Compensation - Death of naval serviceman during service
CATCHWORDS
due to cancer - Autogenous disease not diagnosed
during service until malignant and fatal -
Compensation payable where aggravation of disease contributed to by employment - Meaning of "aggravation" - Appearance of symptoms - Nexus between aggravation of disease and death - Partially dependent mother.
Compensation (Australian Government Employees) Act 1971
(Cth.) ss. 5, 29, 31, 43, 104.
The Commonwealth of Australia v. Peggy Iris Johnston
No. F.C.16 of 1979
Coram
Evatt, Brennan and Keely JJ.
Date
21 August 1980,
Canberra,
IN THE FEDERAL COURT ) ) OF AUSTRALIA ) ) No. F.C.16 of 1979 CANBERRA REGISTRY )
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA AT CANBERRA
IN THE MATTER OF ANDREW SCOTT JOHNSTON (DECEASED)
BETWEEN : THE COMMONWEALTH OF AUSTRALIA Appellant AND : PEGGY IRIS JOHNSTON Respondent ORDER
JUDGES MAKING ORDER
Evatt, Brennan and Keely JJ.
DATE OF ORDER
21 August 1980,
WHERE MADE : Canberra.
THE COURT ORDERS THAT
l. The appeal be allowed. 2. The judgment of the Honourable Mr. Justice Davies be set aside and in lieu thereof it be ordered that - (a) the decision of the Commonwealth Employees Compensation Tribunal be set aside;
(b) the determination of the Commissioner for Employees'
Compensation be affirmed.
(c) the respondent pay to the appellant its costs.
3. The respondent pay to the appellant its costs of this
appeal.
IN THE FEDERAL COURT OF AUSTRALIA ) )
CANBERRA REGISTRY ) No. F.C. 16 of 1979 ) )
GENERAL DIVISION
ON APPEAL from a single Judge of the Federal Court of Australia
IN THE MATTER OF ANDREW SCOTT JOHNSTON (DECEASED )
BETWEEN: THE COMMONWEALTH OF AUSTRALIA Appellant
AND: PEGGY IRIS JOHNSTON
Respondent
21 August 1980 CORAM: Evatt, Brennan and Keely JJ.
REASONS FOR JUDGMENT
EVATT J.: In June 1968 Andrew Scott Johnston (the deceased) voluntarily enlisted as a seaman in the Royal Australian Navy for a period of twelve years. He had then just attained the age of seventeen years and was the eldest of six children living with their widowed mother, Peggy Iris Johnston, the
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