Federal Court of Australia
"QT
CATCHWORDS
Repatriation - Pension - Lumbar Spondylosis - Whether incapacity arose out of or was attributable to war service - Repatriation Review Tribunal - Onus of proof - Standard of proof - Conflict of medical evidence ~ Whether sufficient evidence to be satisfied
beyond reasonable doubt of no causal relationship.
Repatriation Act 1920 - ss,24AA, 48, 101, 107VH. 107VZ, 107VZZH.
EDWARD HOWARD THORNE v. REPATRIATION COMMISSION
No. G172 of 1983
FOX J. 11 September 1984.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G172 of 1983
GENERAL DIVISION
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN :
EDWARD HOWARD THORNE Applicant
AND:
REPATRIATION COMMISSION
Respondent ORDER JUDGE: Fox J. NATE OF ORDER: ll September 1984. WHERE MADE: Sydney. THE COURT ORDERS THAT: l. The appeal be allowed. 2. The decision of the Repatriation Review Tribunal given on 6 June 1983 be set aside. 3. The Commonwealth of Australia pay to the applicant a pension in respect of his incapacity arising from lumbar
spondylosis.
4. The respondent to pay the appellant's costs.
—- cE
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G172 of 1983
~e www
GENERAL DIVISION
ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL
BETWEEN :
EDWARD HOWARD THORNE
Appellant AND: REPATRIATION COMMISSION
Respondent
CORAM: FOX J.
DATE: 11 September 1984
REASONS FOR JUDGMENT
This 18 an appeal from a decision of the Repatriation
Review Tribunal brought pursuant to s.107VZZH of the Repatriation
Act 1920 ("the Act"). That section gives to an appiicant ina proceeding before the Repatriation Review Tribunal a right to appeal to the Federal Court "on a question of law, from any
decision of the Tribunal in that proceeding".
we
The Tribunal, by majority, on 6 June 1983, affirmed a decision of the Repatriation Commission in which the appellant's
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