Downing, M.V. v. The Repatriation Commission [1985] FCA 114

Repatriation ~ appeal under former s.107VZZH of the Repatriation Act - death of former member of Armed Forces from carcinoma -

refusal by Repatriation Review Tribunal to grant applicant's claim for a war widow's pension - whether death of member arose out of or was attributable to war service - test to be applied by Tribunal - observations concerning the role of Tribunal in accepting or rejecting medical evidence - whether a possibility that death was attributable to war service, when supported by medical evidence, must be destroyed by other medical opinion for the Tribunal to be satisfied beyond reasonable doubt that there

are insufficient grounds for the claim

Repatriation Act 1920 ss.47, 101, 107VZ2ZH Administrative Decisions (Judicial Review) Act 1977 ss.

MYRTLE VIOLET DOWNING v. THE REPATRIATION COMMISSION

No. WA G44 of 1984

TOOHEY J. PERTH

27 MARCH 1985 os

ae

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WA G44 of 1984

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN: MYRTLE VIOLET DOWNING Applicant

and THE REPATRIATION COMMISSION

Respondent

Oo R D E R

JUDGE MAKING ORDER : Toohey J. DATE OF ORDER : 27 March 1985 WHERE MADE : Perth THE COURT ORDERS THAT:

i. The appeal be dismissed.

2. Liberty to apply on the question of costs.

IN THE FEDERAL COURT

OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

No. WA G44 of 1984

ON APPEAL FROM THE REPATRIATION REVIEW TRIBUNAL

BETWEEN:

MYRTLE VIOLET DOWNING

Applicant

and

THE REPATRIATION COMMISSION

Respondent

CORAM: TOOHEY J.

27 March 1985

REASONS FOR JUDGMENT The applicant's husband, a member of the Forces within

the meaning of the Repatriation Act 1920, died on 26 September

1974. On 25 October 1974 the applicant lodged a claim fora pension under the provisions of the Act and that claim was

rejected by the Repatriation Hoard on 21 November 1974. Since