Repatriation Commission v Brooke, Lillian [1984] FCA 377

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 86 of 1982

GENERAL DIVISION )

IN THE MATTER OF the Repatriation Act 1920

BETWEEN:

THE REPATRIATION COMMISSION

Appellant AND LILI TAN BROOKE Respondent ORDER JUDGE MAKING ORDER: Evatt J DATE OF ORDER: 22 November, 1984 WHERE MADE: Sydney

THE COURT _ORDERS THAT.

1. The appeal herein be dismissed

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The decision of the Repatriation Gemmrsster-

Tribunal made 29 March 1982 be confirmed.

The Appellant Commission to pay the

Respondent's costs in accordance with slO7VZZ2K of the Repatriation Act 1920.

IN THE FEDERAL COURT OF AUSTRALIA )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 86 of 1982 GENERAL DIVISION )

IN _THE MATTER OF the Repatriation Act 1920

' E TWEEN:

THE REPATRIATION COMMISSION

Appellant AND: LILLIAN BROOKE Respondent CORAM Evatt J. 22 November 1984

REASONS FOR JUDGMENT

This is an appeal brought by the Repatriation

Commission pursuant to sl07VZ2ZH of the Repatriation Act 1920, (hereinafter called the "Act"), from the decision of the Repatriation Review Tribunal, (hereinafter called

the "Tribunal"), made 29 March 1982 which decision set aside the Repatriation Commission's decision dated 4 September 1979 and substituted therefor a determination that the death of Robert Talbot Brooke be accepted under s24 of the Act as being "related to war service" effective on and from 9 March 1978.

The Respondent to the Appeal is Lillian Brooke, the widow of Robert Talbot Brooke (hereinafter calied the. deceased).

For convenience, the decision of the Tribunal is set out in full:-

"Mr Brooke died on 30 January 1978 and on 9 June 1978 the Repatriation Commission received a letter from the Applicant, (the Respondent to this Appeal), claiming that her husband's death was due to his war service. A formal claim was subsequently lodged on 27 July 1978.