Dredge, C.W. v Repatriation Commission [1986] FCA 7

ia

CATCHWORD S

ADMINISTRATIVE LAW - glaim for war pension - "no evidence"

submission fails desp—e factual errors - whether wrong standard of proof applied.

REPATRIATION - appea apparent misapplicat Administrative Appeg

From Repatriation Review Tribunal - of standard of proof - matter remitted to Tribunal.

Repatriation Act, 9, $.47, s.107VG, s.107VH, s.107VZZH

CLIVE WILLIAM DRE

Vv. THE REPATRIATION ISSTON

QLD G94 of 1984

PINCUS J. ; BRISBANE y 24 January 1986

FEDERAL 'Count oF AUSTRALIA

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G94 of 1984 GENERAL DIVISION ) BETWEEN :

CLIVE WILLIAM DREDGE

Appellant

THE REPATRIATION COMMISSION

Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 24 January 1986 WHERE MADE: BRISBANE

THE COURT ORDERED THAT:

1. The appeai be allowed.

2. The decision of the Repatriation Review Tribunal be set aside.

3. The matter be remitted to be heard and decided again, with such further evidence as the parties wish to adduce, by the

Administrative Appeals Tribunal.

4. The respondent pay the appellant's taxed costs of and incidental to this appeal and the hearing before the Repatriation Review Tribunal.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G94 of 1984 GENERAL DIVISION ) BETWEEN :

CLIVE WILLIAM DREDGE

Appellant

THE REPATRIATION COMMISSTON

Respondent

PINCUS J. 24 January 1986

REASONS FOR JUDGMENT

This is an appeal from a decision of the Repatriation Review Tribunal constituted under the Repatriation Act 1920

affirming a decision of the Repatriation Commission refusing the

appellant's claim for a war pension.

The appeal 1s brought under s.107VZZH, sub-s. (1) of which allows an appeal to this court "on a question of law...". The section falls into Part IIIC of the Act which was repealed with effect from 1 January 1985 by Act No. 97 of 1984, s.19, but under s. 59 of the 1984 Act the court is empowered to hear and determine the appeal as if Part IIIC had not been repealed; there