Federal Court of Australia
| JUDGMENT No. &. 88.
"-
CATCHWORDS
APPEAL FROM ADMINISTRATIVE APPEALS TRIBUNAL - Application for service
pension pursuant to s 38 of the Veterans' Entitlement Act 1986 —- meaning of 'at a time when the person incurred danger' in s 36 (a)(i) of Veterans' Entitlement Act — test to be applied regarding 'danger' - role
of Federal Court under s 44 Administrative Appeals Tribunal Act
Veterans' Entitlement Act 1986 - ss 38, 36(a)(1)
Administrative Appeals Tribunal Act 1975 - s 44
Between: WALTER HAROLD THOMPSON
And: REPATRIATION COMMISSION
No. G.101 of 1987
EINFELD J.
22 January 1988
Sydney
29 JAN i988
FEDERAL COURT OF AUSTRALIA
PRINCIPA REGISTRY
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IN THE FEDERAL COURT OF AUSTRALIA )
)
NEW SOUTH WALES DISTRICT REGISTRY ) No. G.101 of 1987
)
GENERAL DIVISION )
CORAM:
DATE:
PLACE:
NOTE:
ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: WALTER HAROLD THOMPSON Appellant
AND: REPATRIATION COMMISSION Respondent
Einfeld J 22 January 1988
Sydney
MINUTE OF FINDINGS AND ORDERS
The Tribunal erred 1n law in holding that the words 'incurred danger' in section 36 (a)(i) of the Veterans' Entitlement Act 1986 meant 'an actual risk of physical or mental harm which must arise as a direct result of the activity of hostile forces of the enemy?
The Tribunal erred in law in rejecting or dismissing as of no weight the stamp endorsed on the appellant's Certificate of Discharge.
Remit the matter to the Tribunal to reconsider in accordance with these findings.
Order that respondent pay appellant's costs.
Settlement and entry of these orders are dealt with in accordance with Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G.101 of 1987 )
GENERAL DIVISION )
ON APPEAT FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
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