Federal Court of Australia
it
CATCHWORDS
Repatriation - Whether "incapacity" means physical or mental disability rather than inability to work or earn wages - Test adopted to determine the extent of war related disabilities ~ Whether consideration should be given to whether applicant would be equally unable to earn if he were free of his war related disability - Relevance of decisions under workers'
compensation legislation.
Repatriation Act 1920, ss.23, 24, 35, 101, 85, Schedules 1
and 2.
REPATRIATION COMMISSION v. THOMAS WILLIAM BOWMAN
Qld. No. G19 of 1981
Bowen C.J., Deane and Lockhart JJ.
25 November 1981
Brisbane.
IN THE FEDERAL COURT OF AUSTRALIA)
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
1. The appeal be dismissed.
) } No. G19 of 1981 )
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN: REPATRIATION COMMISSION
Appellant
AND: THOMAS WILLIAM BOWMAN
Respondent
RDER
Bowen C.J., Deane and Lockhart JJ.
25 November 1981
Brisbane.
2. The decision of the Repatriation Review Tribunal be set
aside.
3. The matter be remitted to the Tribunal to be heard and
decided according to law after the hearing of such further
evidence as it may decide to receive.
5.
The order of Ellicott J. that the Repatriation Commission pay the costs of Thomas William Bowman of appeal No. G16 of 1980 be set aside.
The Repatriation Commission pay the costs of Thomas William Bowman of this appeal and of the appeal from the decision of the Tribunal to this Court heard by Ellicott
J. in each case in matter No. G17 of 1980.
vs
IN THE FEDERAL COURT OF AUSTRALIA)
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION
) } No. G19 of 1981 )
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN: REPATRIATION COMMISSION
Appellant
AND:
THOMAS WILLIAM BOWMAN
Respondent
CORAM: Bowen C.J., Deane and Lockhart JJ.
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