Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nolan v Repatriation Commission [1999] FCA 1096
VETERANS - application for determination of qualifying service - appeal from judgment of Judge of Federal Court - appellant an Australian national who rendered service in the United States Army and Air Force Exchange Service in Vietnam - whether appellant an "allied veteran" - whether Army and Airforce Exchange Service an auxiliary service of regular United States military and airforces - whether statutory phrase used in technical or ordinary sense.
Veterans' Entitlements Act 1986 (Cth), ss 5C(1), 5R(2), 7A(1)(c)
Hope v Bathurst City Council (1980) 144 CLR 1, cited Collector of Customs v Agfa Gevaert Ltd (1996) 186 CLR 389, cited Pepsi Seven-Up Bottlers v Commissioner of Taxation (1995) 62 FCR 289, cited Peacock v Zyfert (1983) 48 ALR 549, cited Truchlik v Repatriation Commission (1989) 25 FCR 414, distinguished HELEN FLORENCE NOLAN v REPATRIATION COMMISSION N 209 of 1999 HILL, WHITLAM and KATZ JJ 13 AUGUST 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 209 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: HELEN FLORENCE NOLAN
Appellant
AND: REPATRIATION COMMISSION
Respondent
JUDGES: HILL, WHITLAM and KATZ JJ
DATE OF ORDER: 13 AUGUST 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the proceeding. 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 N 209 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: HELEN FLORENCE NOLAN
Appellant
AND: REPATRIATION COMMISSION
Respondent
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