Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Proctor v Repatriation Commission [1999] FCA 32
VETERANS' AFFAIRS – disability pension - appeal from decision of this court at first instance overturning decision of Administrative Appeals Tribunal which set aside decision of Veterans' Review Board that applicant's disease was not "war-caused" - whether applicant had "operational service" within the Veterans' Entitlements Act s 6(1) - at a time between 14 June and 18 June 1943 while travelling by boat between Caloundra and Townsville applicant outside Australian territorial waters - whether the Tribunal fell into error in its understanding of material facts and relevant law
WORDS AND PHRASES – "operational service" – "war-caused disease" – "essential character"
Veterans' Entitlements Act 1986 (Cth) ss 6, 9(1), 120
Schlenert v Australian and Overseas Telecommunications Corporation (1994) 49 FCR 139
Repatriation Commission v Kohn (1989) 87 ALR 511
Repatriation Commission v Ahrenfeld (1991) 101 ALR 86
Telstra Corporation Ltd v Warren (Federal Court of Australia, Tamberlin J, unreported, 26 February 1997 at page 31)
james ellison proctor V repatriation commission
NG 637 of 1998
einfeld, carr, lehane jj
sydney
28 january 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 637 OF 1998
BETWEEN: JAMES ELLISON PROCTOR
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGES: EINFELD, CARR, LEHANE JJ
DATE OF ORDER: 28 JANUARY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed and orders made at first instance be set aside.
2. The respondent is to pay the costs at first instance and of this appeal.
Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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