Federal Court of Australia
ea
JUDGMENT No. TABS.
CATCHWORDS
ADMINISTRATIVE APPEALS TRIBUNAL - standard of proof established by s.120(3} of the Act - whether requires a reasonable hypothesis connecting the claimant's incapacity or death with his war service - the operation of s.120(3) in conjunction with the standard set by s.120(1) - blow to arm during war service ~ whether Administrative Appeals Tribunal
correctly applied the test, and onus of proof.
East v. Repatriation Commission (1987) 74 A.L.R. 518° Repatriation Commission v. O'Brien (1984) 155 C.L.R. 432
Veterans' Entitlements Act 1986 (Cth) - s.120
WILLIAM FRANCIS WEBB v. THE REPATRIATION COMMISSION No. NSW G466 of 1987
Davies, Morling and Foster JJ. Sydney 30 March 1988
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G466 of 1987
Ne te ee
GENERAL DIVISION
On Appeal from a single judge of the Federal Court of Australia
BETWEEN: WILLIAM FRANCIS WEBB
Appellant AND: THE REPATRIATION COMMISSION Respondent CORAM: Davies, Morling and Foster JJ. DATE: 30 March 1988 . PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The order of the trial Judge be set aside and in lieu thereof there be substituted an order that the appeal to the Federal Court of Australia be dismissed.
3. The respondent pay the costs of the appellant in this appeal and of the proceedings before the learned Judge.
NOTE: 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. G466 of 1987 ) )
GENERAL DIVISION
On Appeal from a single judge of the Federal Court of Australia
BETWEEN: WILLIAM FRANCIS WEBB
Appellant
AND: THE REPATRIATION COMMISSION
Respondent
CORAM: Davies, Morling and Foster JJ. DATE: 30 March 1988 PLACE: Sydney
REASONS FOR JUDGMENT
Davies J: This is an appeal from an order of a single Judge of this court which set aside a decision of the Administrative Appeals Tribunal and remitted the matter to the Tribunal for
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate