Federal Court of Australia
CATCHHORDS
ROFATRIATION - pension - former mowber of Royal Australian Air Force suffering from essential hypertension - stress suffered during period of war service and d=velopment of consequential anxiety neurosis - whether incapacity ayising out of war gevvice ~ Tribunai's farlure to proviae® adequate reascas constit. ing erroc of law - statutory standard of proof - Tribunal required to be satisfied beyond reagonable douk™ of a negative - proposition that Tribunal chould be satisfied beyond reasonable doubt that there is no connection between war service and incapaclty unless there is something in material pointing toa possibility real as distinct from fanciful of such a connection which is not disproved by other matertal not a principle cf law of general application - "real" possibility of existence of fact may be left open on material although nothing in matertal pointing to tnat possibility - nature of statutory process - whether investigatory ~ difficulty of obtaining satisfaction beyond reasonable doubt in the face of confiicting expert opinions.
Repatriation Act 1920, 33. 23, 24Aa, 24AA(1)(b), 24AB, 24Ab(3)(a), 47, 4712), 48, 101, 101(1)(b), LOL(IA), 101(2) (bd), LO7VG, 107VG(b), LO7VH, LO7VH(2Z), 1O7VZ, 107VZ2ZB
Administrative Appeals Tribunal Act 18975, sub-s. 43(2)
Inceme Tax Assessment Act 1936, 5.190
JOHN DAVID O'BRIEN V. THE REFATRIATICGN COMMISS [OM
(No. NSW G64 of 1983)
SWEENEY, KELLY AND FITZCERALD Jd. BRISBANE Tl APRIL 1984
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) NO. G.64 OF 1983
GENEPAL DIVISION )
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN ; JOHN DAVID 0' BRIEN
Appellant AND: THE REPATRIATION COMMISSION Respondent ORDER JUDGES MAKING ORDER: SWEENEY, KEELY & FITZGERALD JJ. DATE OF ORDER: 11 APRIL 1984 WHERE MADE: SRISBANE
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