Federal Court of Australia
a
CATCHWORDS
Repatriation - Appeal from Repatriation Review Tribunal - Cause of medical condition producing incapacity unknown — Error of law conceded by respondent - Whether court should adjudicate to allow appeal - Whether appropriate to remit
for rehearing.
Repatriation Act 1920 - s.107 V22ZH
REPATRIATION COMMISSION V. KENNETH NORMAN BEAZLEY
No. G53 of 1983
Beaumont, J. Sydney. 22 June, 1983.
_
IN THE FEDERAL COURT OF AUSTRALIA
)
)
NEW SOUTH WALES DISTRICT REGISTRY ) )
)
GENERAL DIVISION
JUDGE MAKING ORDER:
DATE OF ORDER:
No. G53 of 1983
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
REPATRIATION COMMISSION
—
Applicant
KENNETH NORMAN BEAZLEY Respondent
ORDER
BEAUMONT, J.
22 June, 1983.
WHERE MADE: Sydney
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, after the hearing
of appropriate further evidence.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION No. G53 of 1983
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
REPATRIATION COMMISSION Applicant
KENNETH NORMAN BEAZLEY Respondent
REASONS FOR JUDGMENT
BEAUMONT, J. (ex tempore)
This is an appeal to this court from a decision of the Repatriation Review Tribunal on a question of law pur-
suant to s.107 VZZH of the Repatriation Act 1920.
In its decision given on 16 February, 1983, the Tribunal decided to set aside the decision of the Repatriation Commission of 4 March, 1982 and to substitute the decision that the Commonwealth is liable to pay to Kenneth Norman Beazley a pension payable in accordance with the Repatriation Act 1920, in respect of incapacity resulting from carcinoma of colon and anxiety state with depression. This decision was to operate
on and from 19 March, 1978.
When the matter was called on for hearing in
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