Federal Court of Australia
Repatriation - war widow's pension - death of former member of Armed Forces from chronic lymphocytic leukaemia - aetiology of disease unknown - whether death arose out
of or was attributable to war service - whether appeal
on a question of law - real or rational possibility of relationship between war service and disease - procedures
under Act for dealing with claims
Repatriation Act 1920, ss. 24AATI), 24AA(2), 24AB, 27(1) (a), 107V2Z22ZH
REPATRIATION COMMISSION v. ANNA DEMETRIUS BISHOP
No. WAG 41 of 1982
Toohey J. Perth Oy f HK 5 August 1983 cn re é bate . ety - " Chssse wu 1 on Pasar: 2 Sos oan) aa)
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 41 of 1982
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN:
REPATRIATION COMMISSION Appellant
and
ANNA DEMETRIUS BISHOP
Respondent
O R D £E R
JUDGE MAKING ORDER Toohey J.
"
DATE OF ORDER 5 August 1983
Perth
WHERE MADE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision of the Repatriation Review Tribunal given on 26 July 1982 be set aside.
3. The respondent's claim be remitted to the Tribunal for determination in accordance with these reasons.
4. The appellant pay the respondent's costs of the
appeal to be taxed.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 41 of 1982
wee we
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN: REPATRIATION COMMISSION Applicant and
Respondent CORAM: TOOHEY J. 5 August 1983 REASONS FOR JUDGMENT applicant in a proceeding betore the Repatriation Review Tribunal a right to appeal to the Federal Court "on a question of law, from any decision of the Tribunal in that proceeding".
The appellant appeals from a decision of the Tribunal given on 26 July 1982 setting aside a decision of the Repatriation Commission made 20 February 1981 and substituting therefor its own decision that the respondent's claim for a pension under the Act be allowed. Why the matter took so long to reach the Tribunal and thereafter to reach this court does not appear.
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