Sprod, H.G. v. Repatriation Commission [1985] FCA 617

ve o.

x

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"*bIT

CATCHWORDS Repatriation - claim for pension on ground of incapacity caused by essential hypertension - hypertension said to be result of

stress suffered during war service - essential hypertension not arising until 1960's more than 15 years after service completed - evidence that stress may cause fluctuating (labile) hypertension and that this may eventually lead to essential hypertension - whether AAT had correctly applied onus of proof provisions of Repatriation Act 1920 ~ whether any conclusion open to AAT other

than that it could not be satisfied beyond reasonable doubt that

there were insufficient grounds for allowing the appeal to it -

AAT jurisdiction to disturb earlier acceptance by Commission of

psychoneurotic reaction as a cause of incapacity.

Repatriation Act 1920, ss. 47(2) and 107VZZ2B

HENRY GUILLAUME SPROD v. REPATRIATION COMMISSION

No. G226 of 1982

Coram: Davies, Lockhart and Sheppard JJ. Date : 13 December 1985

Place: Sydney

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aren te peered Rane Scan nt NG rl Khe ms A eT ne

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 226 of 1982 ) GENERAL DIVISTON )

ON APPRAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL GENERAL ADMINISTRATION DIVISION

BETWEEN : ; HENRY GULLAUME SPROD , Appellant AND: THE REPATRIATION COMMISSION Respondent

CORAM: Davies, Lockhart and Sheppard JJ. DATE: 13 December 1985

MINUTE OF ORDER

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal dated 2 November"be set aside, the appeal to that Tribunal be allowed, the applicant's essential hypertension be accepted as a condition attributable to his war service and the applicant's claim for a pension be granted.

3. The respondent pay the applicant's costs of the appeal. i