Repatriation Commission v Reid, Iris May [1984] FCA 148

CATCHWORDS

REPATRIATION - pension payable to widow - death of former member of the Forces from myocardial infarction - aetiology of myocardial infarction unknown - whether Commision entitled to succeed in absence of evidence of a real possibility of a causal relationship between war service and death - whether Tribunal bound to find an absence of a causal relationship by reason of uncontradicted medical evidence - whether Tribunal bound to require the provision of further material uner s.107VZ in order to resolve uncertainty.

Repatriation Act, 1920 - ss.107VG, 107VH, 107VZ

REPATRIATION COMMISSION V IRIS MAY REID

(NO. G23l OF 1982)

WILCOX J SYDNEY FRIDAY, 1 JUNE, 1984

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.231 of 1982

GENERAL DIVISTON

ON APPEAL FROM THE REPATRIATION REVIEW

TRIBUNAL BETWEEN : REPATRIATION COMMISSION Applicant AND: IRIS MAY REID Respondent ORDERS CORAM: WILCOX J DATE: FRIDAY, 1 JUNE, 1984 PLACE: SYDNEY THE COURT ORDERS THAT: 1. The appeal be dismissed.

2. The Appellant pay to the Respondent her costs as agreed

or taxed.

IN THE FEDERAL COURT OF AUSTRALIA

Ww

1 of 1982

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G.2 ) GENERAL DIVISION )

ON APPEAL FROM THE REPATRIATION REVIEW

TRIBUNAL BETWEEN : REPATRIATION COMMISSION Applicant AND: IRIS MAY REID Respondent

REASONS FOR JUDGMENT

CORAM: WILCOX J. DATE: FRIDAY, 1 JUNE, 1984 PLACE: SYDNEY

The respondent is the widow of Prosper James Kable who died on 1 July, 1977, aged 55 years. The deceased enlisted in the Australian Army on 19 January, 1942. He was discharged on 24 May, 1946. Apart from a period of about 31x months in New Guinea, from 10 November, 1942 until 11 May, 1943, he served within Australia. Mr Kable's medical record reveals that he suffered from rubella in August, 1942 and from an unidentified fever over a period of three or four days