Federal Court of Australia
JUDGMENT Np. S08 / S71.
CATCHWORDS
Veteran's Affairs ~ service pension - appellant did not leave Australia for overseas service until after 2 September 1945 - appellant did not disembark at overseas port until after official surrender of local enemy forces in that area - whether appellant "served in a theatre of war" for the purposes of Part III of the Repatriation Act 1920 ("the Act") - whether statutory definition of "theatre of war" contemplates actual as distinct from theoretical state of warfare - relevance of formal surrender of relevant enemy forces - relevance of authorities dealing with defence power - relevance of coming into force of Peace Treaty - relevance of international law conception of "state of war" - ss. 23, 85, 100 of the Act.
THOMAS JOSEPH MARSH v. THE REPATRIATION COMMISSION No. G129 of 1987
Sheppard, Morling and Beaumont JJ. Sydney 4 September 1987.
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IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY )
) . No. G129 of 1987
)
GENERAL DIVISION )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
Courts:
BETWEEN: THOMAS JOSEPH MARSH Appellant AND: THE REPATRIATION COMMISSION Respondent
MINUTES OF ORDER
Sheppard, Morling and Beaumont JJ.
Date order made: 4 September 1987
Where made:
Sydney
THE COURT ORDERS:
1. Appeal allowed.
2. Set aside the orders made at first instance on 13 March 1987; in lieu thereof, order:
(a)
(b)
that the decision of the Delegate of the respondent dated 19 December 1984, rejecting the appellant's application for a_ service pension, be set aside;
that the respondent determine the appellant's application for a service pension in accordance with law.
3. The respondent pay the appellant's costs at first instance and on this appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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