Federal Court of Australia
CAT ORDS
Repatriation - former member of armed services suffered teratoma of the testis - question whether that incapacity resulted from an occurrence that happened during a period of special service, or arose out of or was attributable to special service, or was aggravated by the conditions of special service - cause of teratoma obscure - effect of obscurity of cause in proof beyond reasonable doubt that incapacity not caused by the special service - statutory standard of proof - the intention of Parliament in enacting that standard of proof - the factors the Tribunal should ideally seek to identify and consider or have brought to its attention in considering whether the evidence showed beyond reasonable doubt that the incapacity was not related to special service - the interpretation given to the medical evidence by the Tribunal.
Repatriation Act 1920: ss.47(2) 107 VH(2) (a)
Repatriation (S
VG No. 31 of 1984 Smithers ACJ, Sweeney and Keely JJ. 5 September 1984
Melbourne.
IN THE FEDERAL COURT OF AUSTRALJA ) )
VICTO. DISTRICT REGISTRY ) VG NO. 31 OF 1984 ) )
GENERAL DIVISION
Between: LAURENCE TREVOR EVANS
(Appellant)
:
REPATRIATION COMMISSION
(Respondent )
Judges Making Order: Smithers ACJ, Sweeney and Keely JJ.
Date of Order: 5 September 1984 Where Made: Melbourne. ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The respondent pay the appellant's taxed costs of and
incidental to the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT ISTRY VG NO. 31 OF 1984
G DIVISION
Between: LAURENCE TREVOR EVANS
(Appellant)
AND: EPATRIAT COMMISSION
(Respondent )
Coram: Smithers ACJ, Sweeney and Keely JJ.
5_Septe r_ 1984
REASONS FOR JUDGMENT
Sm rs ACJ.: I have had the advantage of reading the Reasons for Judgment of my brother Sweeney. I agree that the
decision of the Repatriation Tribunal was open to it. I agree
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