Federal Court of Australia
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i oe ae ONE rman aed ae at ome - i
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JUDGMENT No, 2.8 y 1782
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Repatriation - coapensation for injury claimed - Javal officer vosted - accommocation provided - moved pot plant prior to leasing home - received injury - whether
accident "that would not have occurred ... but for the member being on defence service"
Neaning of "but for"
Repatriation Act 1320, ss.101, 10773, 107%, 107
—
DAVID GUY HOLTHOUSE v REPATRIATION COMMISSION
No. ACT G.47 of 1981
Coram : Davies, J
Canberra
24 June 1982
Se ee oc!
IN THE TEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY
)
) AUSTRALIAN CAPITAL TERRITORY )
) No. ACT G.47 of 1931
)
)
CENERAL DIVISION
on
appe Review
Ww
al From the Repatriation Tribunal
Pp e
BETWEEN :
DAVID SUY HOLTHOUSE
Appellant
REPATRIATION COMUISSION
Respondent
ORDER
JUDGL MAXING ORDER
Davies, J
DATC OF ORDER 24 June 1982
Canberra
WHORE tiiDE
THLE COURT ORDERS Tne appeal be dismissed with costs.
o
IM THE PEDERAL COURT OF AUSTRALIA
\USTRALIXN CAPITAL TLRRITORY
DISTRICT ReGISTPY Jo. ACT G.47 Of 1981
SENERAL DIVISION
On apoecl from the Repatriation Review Tribunal
BETWEEN : DAVID SUY HOLTHOUSE
Apoelliant
i] oo
REPATRIATIID COMMISSION
Respondent
REASONS FOR JUDGMULNT
24 June 1932 DAVIES, J
This is an eapoeal from a decision of the Repatriation Revigw Tribunal made on 16 November 1981 which affirmed a decision of the Repatriation Commission dated 21 October 1981 rejecting a
claim of David Guy Hoithouse made under the Repatriation Act 1320.
en ey FL Aree
iS)
The facts are not in disvoute. Mr. Holtnouse 1s a cragular serving officer in the Royal Australian Wavy and a regular serviceian for the purposes of division 190 Part Tit of the
Repatriation Act (see ss.107J and 107%). in Februacy 1973, te.
Holthouse was posted to @4aS 'ilrimba, a snore station at Quaker's fill, New South Wales, there to take up duty as Commanding Officer. lle was provided with sccommodation at HMAS Nirimba and 1t was either required or desirable that he, his wife and children snould move to thnat accommodation from their none in Longueville, Wew South wales. Accordingly, wir. doltnouse made arrangements for his Family's removal to HilAS Nirimba and for the letting of his nome at Longueville. The cost of removal was met by the Commonvealth of Australia but an ordinary tera of the renoval arrangements, set out in the Furniture Removals Guidance Hand Book, published by the Department of Administrative Services, was :
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