Federal Court of Australia
'
as pension - death of former member of
epatriation - war widow's
Armed Forces from adenocarcinoma metastases - aetiology of disease attributable to war
tu
unknown - whether death arose out of or was
law consistent with
service - application bv Tribunal of
authorities
Repatriation Act 1920 ss.27, 107C, 107VH, 107V2Z2ZH
THE REPATRIATION COMMISSION v. THERESA MARGARET RECTOR
No. WA G30 of 1983
TOOHEY J. PERTH
2 JULY 1984
LN CHE beurraL Jf sir OF AUSTRALIA
WESTERN AUSTPALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G30 of 1983
wwe
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN: THE REPATRIATION COMMISSION Applicant and
THERESA MARGARET RECTOR
Respondent
QO R D E R
JUDGE MAKING ORDER 3 Toohey J. DATE OF ORDER 3 2 July 1984 WHERE MADE : Perth
THE COURT ORDERS THAT:
1. The appeal be dismissed and the decision of
the Repatriation Review Tribunal dated 3 May
1983 be affirmed.
2. The applicant pay the respondent's costs of
the appeal.
tM lee sehen ab L oUkT uF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G30 of 1983
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN :
THE REPATRIATION COMMISSION
Applicant and
THERESA MARGARET RECTOR
Respondent
CORAM: TOOHEY J.
2 July 1984
REASONS FOR JUDGMENT
The Repatriation Commission appeals from a decision of
the Repatriation Review Tribunal:
"that the decision made by the Repatriation Commission on 8 January 1982 is set aside and for ait is substituted the decision that the Commonwealth of Australia 1s liable, pursuant to Section 107C of the Repatriation Act 1920, to pay to the dependants of the late Stanford Horton RECTOR, the pensions payable in accordance with Division 1 of Part III of that Act, in the case of the death of a member of the Forces: this decision is to operate on and from 6 November 1980".
By reason of s.107VZZH of the Repatriation Act 1920, the Commission may appeal to this Court "on a question of law". The
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