Repatriation Commission v Perrot, Marjorie [1984] FCA 139

2"

IN THE FEDERAL COURT OF AUSTRALIA } We NEW SOUTH ALES DISTRICT REGISTRY ) No G 170 of 1983 GENERAL DIVISION )

'

On appeal from the Repatriation Review Tribunal constituted by PJ Moore, Depuly

President, RA Osbarn, Services Member, and PM Healy, Services Meniber

' - BETWEEN : THE REPATRIATION COMMISSION

' Applicant

AND:

MARJORIE PERROT

' Respondent

, CORRIGENDUM

Amendment to the jicegement of the Court of 29 May 1984.

i The corrigendum issued cn 29 June 1984 was incorrect. Pege 10, lines Il, 12 and 13 of the Judgement of the Court of 29 May 1384 snould read as follows:

"the onus of proof shall '1¢ on the person or authority who contends that the

claim, applhieation, ov appeal should nr t be granted or allowed to tne full

extent claimed"

.

R PHILLIPPS

ASSOCIATE TO JUSTICE KIRBY

DATED: 3h Atgust 1984

~JERAL COURT OF AUSTRALIA )

_oW SOUTH WALES DISTRICT REGISTRY ) No G 170 of 1983 " GENERAL DIVISION )

On appeal from the Repatriation Review Tribunal constituted by PJ Moore, Deputy

President, RA Osborn, Services Member, and PM Healy, Services Member

BETWEEN : THE REPATRIATION COMMISSION

" Applicant

AND:

MARJORIE PERROT

Respondent

CORRIGENDA

Amendment to the judgment of the Court of 29 May 1984.

Page 10, line 11: After the word 'proof', delete 'shall' and replace it with 'should not'.

.

RP ASSOCIATE TO JUSTICE KIRBY

DATED: 26 June 1984

uD

l 39 CATCHWORDS

REPATRIATION — pension payable to dependent widow -- death of former member of the Forees from carcinoma of unknown asetiology — onus of proof — tribunal required to be satisfied beyond reasonable doubt of a negative -- nature and intention of statutory process — two stage process rejected.

APPEAL - question of law — whether no tribunal could come to conclusion — proof of negative and alternative rational possibilities.

ADMINISTRATIVE LAW — obligation to give reasons for decision — sanetion for failure — adequacy of reasons — special circumstances.