Federal Court of Australia
CATCHWORDS Repatriation - war widows pension - death of former member or Armed: Forces as the result of ai stroke precipitated by hypertension - cause of hypertension unknown - consideration
of onus and standard of proof provisions of Repatriation Act
m
aAS ser
ia°9 - analysis of facts of case and of Tribunal's decr
Revatriation Act 1920, ss. 47. 1O7VH, iG7VK and i07V2
REPATRIATION COMMISSION v. OLGA PAULINE DUNLOP
No. G43 of 1983
Coram: Shepvard J.
Date : 22 June 1984
Svdney
al- boas
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT PEGISTRY No, G43 of 1983
GENERAL DIVISTON
On Appeal from the Repnatriation Avveal Tribunal LITE EY
REPATRIATION COMMISSTON
Applicant
QLGA PAULINE DUNLOP
Resrondent
ORDER
JUDGE MAKING ORDER
ve
Sheppard J.
DATE OF ORDER : 22 June 1994 WHERE MADE : Sydney
THE COURT ORDERS TUAT:
il. The aoveal be allowed
2. The decision of the Repatriation Pevyiew Tribunal of &
February 1983 be set aside and the mactver be remitted to
the Tribunal to be neard and decided again.
- sete ' wus, -- =T - ae ~ font tie oe
aes ue . >
~ eT nn NS
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G43 of 1983 ) GENERAL DIVISION ) on Aopeal trom ths Repatriation Avresal Tribunal BEDTWEEN
REPATRIATION COMMISSTON
Applicant
OLGA PAULINE DUNLOP
Respondent SHEPPARD J. 22 June 1984
REASONS FOR JUDGMENT
Yet again the Court 158 concerned with the onus and
standard of orocf wrovisions in the Pepatriation Act 192
iD
("the Act"). The Commission has apvealed against a decision of the Repatriation Review Tribunal given on 8 February 1983
whereby tne Tribunal set aside the decision of tha Commission
made on i6 January 1980. Tne Tribunal found that the
tanple to sav <to the dependanz=s of one Be
yt a
Commission was
a fs) '< Pe) pu fs} ih) o
Davey Uunloo deceased. tne pensions vayabie in ac
iD oO
with Diviston 1 of Parc ITI of the Acct. The 2 1
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