RE FOSTER

© SH." cree we

IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT.

Judgment delivered

'HX, Green, Govt. Print, Melb. orm

DIXON J.

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FOS TER

RE

RE FO S T ER

This is an application for an order nisi for a writ of mandamus directed to the Kepatriation Commission and the members of the War Pensions Entitlement Appeal Tribunal, -ihe writ sought is one commanding the Commission to hear and determine a claim made by the applicant,and the tribunal to hear and determine his appeal to the iribunal,according to law.

: The applicant was a Member of the Forces within para (a)

of the definition of that expression in sec.100 of the Australian Soldiers Repatriation Act 1920-43. He was,in fact,a member of the permanent forces who enlisted in 1925,and was discharged on

medical grounds on 23rd April,1942.

Under sec, i0I {I)(b),the applicant would be entitled to a

pension in accordance with Div. (I),of Part III,if his incapacity arose out of,ob was attributable to,his service as a member of the forces, Under sec,47 (2) it was unnecessary for him to furnish proof to support his claim. fhe burden of proof is placed on those contending that the claim should not be granted. ihe

Commission and the Tribunal are directed to draw from all the

circumstances of the case,from the evidence furnished,and from

medical opinions,all reasonableinferences in his favour. Further,

under sub-sec, (I) they are to act according to substantial justice md the merits of the case,being bound by no technicalities

legal forms,or rules of evidence,and are to give the applicant the

benefit of any doubt cocerning any fact or matter which would be favourable to him,or any question whatsoever arising for decision. Notwithstanding the strength of the presumptions raised in his favour by this provision and the advantage of the directions it gives to those considering a claim to a pension,the applicant failed with the Repatriation Board,the Gommission,and the Appeal Tribunal,and he now complains that they did not perform their duty in the manner prescribed by the statute,and that there can be no other explanation of the failure of his claim. He has no appeal