Federal Court of Australia
CATCHWORDS
War Pension - Physical incapacity due to war related injury - Application for increase beyond 100% rate ~ Applicant
able to cope with full time sedentary work in low stress environment with frequent breaks of hours or days - whether work could be found for him - Whether assessment of right to increased pension involves consideration of effect of physical incapacity om capacity. to earn - Test to be applied -
Repatriation Act 1920. ss.23, 35, 101, 107VD, 1O7VH, LO7VK,
107VZZH. Schedules 1 and 2.
THOMAS WILLIAM BOWMAN v. THE REPATRIATION COMMISSION
NO. G17 of 1980
12 May, 1981
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) NO. G17 of 1980 ) )
GENERAL DIVISION
(4)
ON APPEAL FROM REPATRIATION REVIEW TRIBUNAL 5
z.- *
THOMAS WILLIAM BOWMAN
Applicant
THE REPATRIATION COMMISSION
Respondent
CORAM: ELLICOTT J. DATE OF ORDER: 12 MAY, 1981 WHERE MADE: SYDNEY ORDER The Court orders that:- (1) The appeal be allowed: (2) The decision of the Repatriation Review Tribunal be set aside; (3) The matter be remitted to the Tribunal to be heard
and decided again according to law in the manner I have indicated after the hearing of such further evidence as it may decide to receive.
The respondent pay the appellant's costs of this appeal
and of appeal No. G16 of 1980.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G17 of 1980
eed
GENERAL DIVISION
ON APPEAL FROM REPATRIATION REVIEW TRIBUNAL te.
THOMAS WILLIAM BOWMAN
Applicant
THE REPATRIATION COMMISSION
Respondent
CORAM: Ellicott J.
REASONS FOR JUDGMENT
The appellant, Thomas William Bowman, was in 1979 in receipt of a war pension at the 100% rate under Schedule 1 of the Repatriation Act 1920 in respect of incapacity resulting from certain service related disabilities. These disabilities are:-
Bilateral Perceptive Deafness
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