Lennell v. Repatriation Commission [1982] FCA 1

CATCHWORDS

Repatriation - war widow's pension ~ death of former member of Armed Forces from adenocarninoma of the lung ~ whether death had arisen out of or was attributable to war service - standard of proof.

Administrative law - Administrative Appeals Tribunal - appeal to Federal Court of Australia - standard of proof to be applied by Trinunal - misdirection in approach by Tribunal to evidence - remittance of matter to Tribunal,

Administrative Appeals Tribunal Act 1975 s.44 Repatriation Act 1920 ss.47, 101

BETTY DENNELL vy. REPATRIATION COMMISSION

W.A. Ne, G.23 of 1982

Northrcy, Toohey and Sheppard JJ,

Melboyrne

3 Ferrvary 1982.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

W.A. No. G.23 of 1981

GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: BETTY LENNELL . Applicant and REPATRIATION COMMISSION Respondent ORDER JUDGES: Northrop, Toohey and Shepperd JJ. DATE: 3 February 1982 WHERE MADE: Melbourne

THE COURT ORDERS THAT:

4.

The appeal be allowed.

The decision of the Administrative Appeals Tribunal be set aside.

The matter be remitted to the Tribunal to be heard and determined according to law after the Fearing of such further evidence as 1t may Gecide to receive.

The Repatriation Commission to pay the applicant's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W.A. No. G.23 of 1981

GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:

BETTY LENNELL

Applicant and REPATRIATION COMMISSION Respondent CORAM: Northrop, Toohey and Sheppard JJ. NORTHROP J. and SHEPPARD J. REASONS FOR JUDGMENT 3 FEBRUARY 1982

In this matter we have had the advantage of reading the judgment to be delivered by Toohey J. We are thus saved the necessity of setting out the essential facts, a summary of the conclusions of the Administrative Appeals Tribunal ("the Tribunal") and the effect of the decision of the High