Federal Court of Australia
acd | , CATCHWORDS
Compensation {Australian Government Employees) Act 1971
s.98(1) - resulting from ~- incapacity - interpretation -
Repatriation Act 1920 - interpretation ~- relationship between
s.98 of the Compensation (Australian Government Employees)
Act 1971 and the Repatriation Act 1920 - whether repatriation
pension awarded under the Repatriation Act 1920 was awarded
in respect of an incapacity resulting from injury otherwise
compensable.
THE COMMONWEALTH OF AUSTRALIA v. NOEL MATHEW KEOGH
S.A. No. 23 of 1983
Smithers, Fisher and Davies JJ.
24 November 1983
Adelaide.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. 23 of 1983
GENERAL DIVISION
ON APPEAL from the General Administrative Division of the Administrative Appeals Trabunal constituted by Mr. J.O. Baitsard Senior Member
Between: 'THE COMMONWEALTH OF AUSTRALIA
(Appiicant)
And: NOEL MATHEW KEOGH
(Respondent)
Judges Making Order: Smithers, Fisher and Davies JJ. Date of Order: 24 November 1983 Where Made: Adelaide.
ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The costs of and incidenial to the appeal be paid by
the appellant.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. 23 of 1983
ee eee we
GENERAL DIVISION
ON APPEAL from the General Administrative Division of the Administrative Appeals Tribunal constituted by Mr. J.O. Ballard Senior Member
Between: THE COMMONWEALTH OF AUSTRALIA
(Applicant)
And: NOEL MATHEW KEOGH
(Respondent ) Coram: Smithers, Fisher & Davies JJ. 24 November 1983 REASONS FOR JUDGMENT Smithers J.: On 18 June 1974 a determination under the
provisions of the Compensation (Australian Government
Employees) Act 1971 (the Act) was made by the Delegate of the
Commissioner for Employees' Compensation (the Delegate) that on 6 February 1974 the respondent sustained personal injury namely, ligamentous injury to his neck, arising out of or in
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