Federal Court of Australia
Repatriation - pension - whether incapacity resulted from
eccurrence during special service or arose out of or was
attributable to war service - haemorrhoid = aetiology known - lack
of medical evidence as to particular cause - multiple lipomata - aetiology unknown - whether comnection between disease and particular factor fecessarily excluded - necessity to have
regard to all evidence
Repatriation Act 1920 ss.107M, 107VH
Repatriation (Special Overseas Service) Act 1962 ss. 6,7
THE REPATRIATION COMMISSION v. ROBERT STEWART
No. WA G17 of 1984
TOOHEY J. PERTH 2 JULY 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA G17 of 1984
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN: THE REPATRIATION COMMISSION
Applicant and ROBERT STEWART Respondent
Oo R D E R
JUDGE MAKING ORDER 2 Toohey J. DATE OF ORDER 3 2 July 1984 WHERE MADE : Perth
THE COURT ORDERS THAT:
1. The appeal be allowed to the extent that the decision of the Repatriation Review Tribunal dated 17 January 1984 that the Commonwealth 15 liable to pay to the respondent, in respect of his incapacity from multiple lipomata, the
pension payable under Division 1 of Part III
e OS we pPaceé wit Sete T
matter remitted to the Tribunal
determined according to law.
2. Liberty to apply as to the costs
appeal.
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
CORAM: TOOHEY J.
2 July 1984
No. WA G17 of 1984
we ewe
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN:
THE REPATRIATION COMMISSTON Applicant
and ROBERT STEWART
Respondent
REASONS FOR JUDGMENT
On 17 January 1984 the Repatriation Review Tribunal set
aside a decision
of the
February 1982 and substituted its own decision that:
"1,
the Repatriation Commission's rejection of the claim for incapacity from presbyopia be affirmed;
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