Federal Court of Australia
'O6l&2,
CATCHWORDS
REPATRIATION - Tribunal's assessment of the extent of
the applicant's incapacity - failure to consider diminution of earning ability occasioned by an accepted vhysical medical condition - "incapacity" - "underlying and
persisting loss of confidence" - stress - unable to work.
Repatriation Act 1920, s.107V2ZH, Schedule 2
Repatriation Act Amendment Act, 1978, s.40, sub-s. 40(4) (a)
Repatriation Commission v. Moss applied
HERBERT AUSTIN INGLIS v. THE REPATRIATION COMMISSION
Qld G26 of 1983
FITZGERALD J.
BRISBANE
31 MAY 1983
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld G26 of 1983 GENERAL DIVISION )
BETWEEN:
HERBERT AUSTIN INGLIS
Appellant AND: THE REPATRIATION COMMISSION Respondent ORDER JUDGE MAKING ORDER: PITZGERALD J. DATE OF ORDER: 31 MAY 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 to be determined according to law with or without hearing
such further evidence as 1t may decide to receive.
4. The respondent pay the applicant's taxed costs
of and incidental to these proceedings.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) Qld G26 of 1983 GENERAL DIVISION )
BETWEEN:
HERBERT AUSTIN INGLIS
Appellant AND: THE REPATRIATION COMMISSION Respondent FITZGERALD J. 31 MAY 1933
REASONS FOR JUDGMENT
This is an appeal by Mr Inglis on a question of law from the Repatriation Review Tribunal. The material decision of the Tribunal was delivered on 5 January 1983
The Court is empowered by s.107V22H of the Repatriation Act
1920 ("the Act") to make such order as it thinks appropriate
uncluding an order affirming or setting aside the decision of
the Tribunal or an order remitting the case for redetermination.
Mr Inglis is almost 79 years of age. He has had pulmonary tuberculosis which is now inactuve. Ie was first awarded a pension under the Act in respect of pulmonary tuberculosis in 1947. For about thirteen years thereafter, he lived 1n the country and did not practice his profession as a solicitor. In 1960 he returned to his profession where he experienced stress which led to neuro-dermatitis. Over a period of years, he reduced the extent which he worked and in
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