Smith, Keith Kingsford v The Repatriation Commission [1983] FCA 53

/ S3alGA

CATCHWORDS

REPATRIATION - appellant's entitlement to a pension

under the Repatriation Act 1920 (Cwlth), Second Schedule -

appellant in partnership - profit received from the partnership - work performed for the partnership without payment - entitled to payment - earning a

living wage - negligible percentage of a living wage.

The Repatriation Act 1920 (Cwlth), s.107VZZH, Second Schedule

KEITH KINGSFORD SMITH v. THE REPATRIATION COMMISSION

Qld G114 of 1982

FITZGERALD J. BRISBANE 29 MARCH 1983

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld G114 of 1982 GENERAL DIVISION )

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN :

KEITH KINGSFORD SMITH

Applicant AND: THE REPATRIATION COMMISSION

Respondent

Amendment to the judgment of his Honour Mr Justace

Fitzgerald of 29 March 1983 -

P.6 1.19 Alter "further" to "wader" P.7 1.12 Delete "," after the word "it"

P.7 1.16 Alter "obligated" to "obliged"

P.8 Ll Insert "," after word "support" P.8 1.5 Alter "partnership" to "Tribunal" P.9 1.12 Alter "get paid" to "work"

A eweteche © Derr neers'

J.L. DAVISON 24 MAY 1983 ASSOCIATE TO FITZGERALD J.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld G114 of 1982 GENERAL DIVISION )

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN:

KEITH KINGSFORD SMITH

Applicant AND: THE REPATRIATION COMMISSION Respondent ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 29 MARCH 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The Appeal is allowed. 2. The decision appealed from is set aside.

3. The matter is remitted to the Tribunal.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) Qid Gil4 of 1982 GENERAL DIVISION }

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN : KEITH KINGSFORD SMITH Applicant AND: THE REPATRIATION COMMISSION Respondent =ITZGERALD J. 29 MARCH 1983