Federal Court of Australia
JUDGMENT No. sane SQuuf Soh,
Repatriation - war widow's pension - death of former member of
Armed Forces from carcinoma - whether aetiology of disease unknown - whether death arose out of or was attributable to war service - preference of Tribunal for medical evidence suggesting no connection between death and war service - application by Tribunal
of law consistent with authorities
Repatriation Act 1920 ss.27, 107C, 107VH, 107VZ2H
SARAH SYBIL BROWN v. THE REPATRIATION COMMISSION
No. WA G30 of 1984
TOOHEY J. PERTH
2 JULY 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G30 of 1984
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ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN:
SARAH SYBIL BROWN Appellant and THE REPATRIATION COMMISSION
Respondent
CORAM: TOOHEY J.
2 July 1984
REASONS FOR JUDGMENT
This is an appeal from a decision of the Repatriation Review Tribunal on 6 March 1984 in which the Tribunal decided that there were insufficient grounds for granting the applicant's claim
for a pension under the Repatriation Act 1920.
This appeal was argued immediately following the hearing of the appeal in Repatriation Commission v. Rector, in which I have just delivered judgment. The same counsel appeared in both
appeals and, by agreement, counsel only dealt shortly with
decisions that had been examined in some detail at the earlier
hearing.
The questions of law identified in the notice of appeal were whether the Tribunal could on the evidence before it he
satisfied beyond reasonable doubt that Mr. Brown's death did not
arise out of or was not attributable to his war service; whether the Tribunal could be satisfied beyond reasonable doubt that the death of an ex member of the Forces did not arise out of or was not attributable to war service where the cause of the disease from which he died was not known; and whether the Tribunal was entitled to reject the evidence of one medical practitioner and prefer the evidence of another when such evidence was in the form
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