Federal Court of Australia
ihe eet"
Judgement No. LOOK, mit CATCHWORDS
ADMINISTRATIVE LAW -— Review under AD(JR) Act of decision to
refuse service pension under s.85 of the Repatriation Act 1920 -
Meaning of "served in a theatre of war" - Whether the definition 1s concerned with the continuance in international law of a state
of war until the comung into force of a treaty of peace.
Repatriation Act 1920, ss.23, 85, 100
Dawson v. The Commonwealth (1946) 73 C.L.R. 157 Jerger v. Pearce (1920) 28 C.L.R. 588 In Re Yamashita (1946) 327 U.S. 1
MARSH -V~- THE REPATRIATION COMMISSION
NSW G.263 of 1986
Burchett J. Sydney 13 March 1987
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
)
)
) No. G.263 of 1986 )
)
BETWEEN:
THOMAS JOSEPH MARSH
Applicant
THE REPATRIATION COMMISSION
Respondent
MINUTE OF ORDER OF THE COURT
Judge Making Order: Burchett J.
Where Order Made: Sydney
Date of Order:
THE COURT ORDERS THAT:
(1) (2)
NOTE:
13 March 1987
The application be dismissed.
Liberty be reserved to the respondent to apply for order in respect of its costs.
an
Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.263 of 1986
were ev ww
GENERAL DIVISION
BETWEEN:
THOMAS JOSEPH MARSH
Applicant
AND:
THE REPATRIATION COMMISSION
Respondent
REASONS FOR JUDGMENT
BURCHETT J.
This 1S an application, brought pursuant to an order extending time, to review under the Administrative Decisions
(Judicial Review) Act 1977 a decision made on 19 December 1984,
by a delegate of the Repatriation Commission, to refuse the applicant a service pension. The application raises a guestion as to the correct construction of the expression "served ina theatre of war" as defined (1n the absence of contrary intention)
for the purposes of Part III of the Repatriation Act 1920 in s.23
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