Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 70 of 1982
GENERAL DIVISION
REPATRIATION COMMISSION
Applicant AND IVY OLIVE BUGG Respondent CORAM: SHEPPARD J. 27 July, 1983
SUPPLEMENTARY JUDGMENT
Upon publication of my reasons for judgment in this matter my attention was drawn to sub-sec.107VZZK(2) of the Repatriation Act 1920 which provides that where an appeal is instituted in this Court by the Commission in accordance with s.107VZZH, "the approved costs" of the applicant in connection with the appeal shall be borne by the Commonwealth. Sub-section (4) of the section defines the expression "approved costs",
The third order in my reasons for judgment is thus inappropriate. In lieu thereof I substitute an order giving each party liberty to apply in respect of costs as
it or she may be advised,
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CATCHWORDS
Repatriation - war wicow's vension - Seatn of former member of armed forces from carcinoma or the pancreas - wnether death arose out of or was attributable to war service - cause of cancer unknown -— whether medical opinions stated cause nevertheless not war related relevant to be taken into account by Tribunal - Repatriation Act 1920, ss.23, 24, 47, 101, 107VH, 1O7VL and 107VZZH.
REPATRIATION COMMISSION v. IVY OLIVE BUGG
No. G 70 of 1982
Coram: Sheppard J. 27 July, 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA NE' SOUTH WshLES DISTRICT REGISTRY
GENERAL DIVISION
JUDGE MAKING ORDER DATE OF ORDER WHERE MADE
THE COURT ORDERS THAT
No. G 70 of 1982
BETWEEN REPATRIATION COMMISSION
Applicant AND
——
_ IVY OLIVE BUGG Respondent
ORDER
: Sheppard J. H 27 July, 1983 : Sydney
1. The appeal be:allowed.
2. The decision of the Repatriation Review Tribunal of
15 February, 1982, be set aside and the matter be
remitted to the Tribunal to be heard and decided again.
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