Federal Court of Australia
CATCHWORDS
Repatrzration Act 1920 Section 47(2) - claim for
pension ~- onus of proof - whether majority of Tribunal
misdirected itself.
'
REPATRIATION ACT 1920 Section 47(2)
N.S.W. G. 142 of 1982
RONALD THOMAS WILLIAM BAKER v. REPATRIATION COMMTISS [ON
St. John, d. Sydney
Wednesday 12 October, 1983
IN THE FEDERAL COURT OF AUS'TRALTA
NEW SOUTH WALES DISTRICT RUGISTRY
GENDRAL DIVISION
ORDERS
JUDGE MAKING ORDERS:
DATE OF ORDERS:
WHERE MADE:
THE COURT ORDERS THAT
No. G. 142 of 1982
ON APPEAL FROM THE REPATRIATION
REVIEW TRIBUNAL
BETWEEN:
RONALD THOMAS WILLIAM BAKER
Applicant
AND:
REPATRIATION COMMISSION
Respondent
ST. JOHN, J.
WEDNESDAY 12 OCTOBER, 1983 AT SYDNEY
(1) The appeal is upheld.
(2) The Commonwealth of Australia 1s ordered
to pay to the applicant a pension in
respect of his incapacity arising from
lumbo-sacral spondylosis.
---/2
WS ie edt AREER CLCMRAE RET ETAE PALO, DETRONOD EeME tet 6 Sen ERNE MEIN me ae ee ee
te
The respondent is ordered to pay the
(3)
applicant's costs.
LO nen meecemtnn
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
Mo. G. 142 of 1982
ON APPEAL FROM THS REPATRIATION REVIEW TRIBUNAL
BETWEEN:
RONALD THOMAS WILLIAM BAKER
Applicant AND:
REPATRIATION COMMISSION
Respondent
REASONS FOR JUDGMENT
ST. JOHN, J.
AT SYDNEY
WEDNESDAY 12 OCTOBER, 1983
2/2
danern ee oe eee 8
sen ete ase
This 1s an appeal from a decision of the Repatriation Review Tribunal whereby that Tribunal confirmed the decision of the Repatriation Commission ("the Commission") rejecting payment of a pension
for an incapacity described as lumbo-sacral spondylosis.
Ronald Thomas William Baker, the applicant, served in the Royal Australian Air Force from 12th January 1943 until 12th November 1943 and, whilst training at Ascot Vale, he experienced pain in the lumbar area of his back which radiated to his upper legs. On discharge, there is no record of back trouble, except that his medical history records slight scoliosis of the spine which did not exist
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