Brown v Repatriation Commission

[1985] FCA 236

CATCHWORDS

- ._

Bdminlstratlve Law - Judlcial Revlew - Repatriatlon Act - death of

former member of Armed Forces from carcinoma - refusal by Repatrlation

Review Tribunal to qrant applicant’s clam for war wldow’s penslon -

whether on appeal to Federal Court the whole declsion of the Trlbunal

was open to review bv the Court - whether an the evidence before It

the Tribunal could conclude that It was established beyond reasonable

doubt that the member‘s death dld not arise out of or was not

attrll?ut,ible to war service.

Repatriatlon Act 1920: ss . 31, 47, 101. 107VC. 107VG. 107VZZH.

Federal Court of Australia Act 1976: S. 19.

Income Tax and Socid Servlces Contribution Act 1336: S. 196(1).

Admmistratlve appeals Trlbunal Act 1475: S. 44(1)

SARAH SYBIL BROWN	v. THE REPATRIATION COMMISSION
WdG 6 3 of 1984

BOWPI S. J. , FISHER & LOCKHART JJ.

7 JUNE 1985

SYDNEY

IN THE FEDERAL COTJRT OF AUSTRALIA	1
)

AUSTRALIA WESTERN ) No. WAG 63 of 1984

) -_

REGISTRY	DISTRICT	)
)

DIVISION	GENERAL	)
ON APPEAL FROM THE FEDERAL COURT OF
AUSTRALIA
SARAH SYBIL BRlOWN

Appellant

THE REPATRIATION COMMISSION

Respondent

JUDGES MAKING ORDER:	BOWEN C.J., FISHER and LOCKHART JJ.
EATE OF ORDER:	7 JUNE 1485
WHERE MADE:	SYDNEY

MINUTE OF ORDER

THE CfiUFT ORDERS THkT:

1. The appeal be dlsmissed.

7	The appellant. Sarsh	Syb l l Brown, pay to che respondent, The
I.

Repatrlation Commlssicn, ~ t s costs of the appeal.

C J O T E : Settlement and e n t r y of orders is dealt with in Order

IN THE FEDERAL COURT OF AUSTRALIA	1
1
WESTERN AUSTRALIA	) No. WAG 63 of 1984
1

REGISTRY UISTRICT 1 1

DIVISION SEIEPAL !

ON ".PPE.AL FRGM THE FEDERAL C0UP.T OF

AUSTRALIA

SAR9H SYBIL BROWN

Appellant

THE REPATRIATION COMMISSION

Respondent

Bowen C.J., Fisher and Lockhart	JJ
7 June 1985

REASONS FOR JUDGMENT

THE CGURT

I

This 1 s an appeal from a Judgment of a sinule Judqe of thls

Court (Toohey J . i dismissing the appellant's appeal from a decision nf

the Repatriation Renew Trlbunal ("the Trlbunal") that chere were

insufficient urounds for urantinu the appellant's clam for a penslon

under the Repatriation Act 1420 ( "the Act").

The appellant S late husband ("the deceased") died on 27

eprll 1974. He was a member of the R.A.B.F. from 11 March 1444 to 18

May 1945 and served m New Gulnea from 11 March 1945 to 28 April 1945.

The cause of his death was fulmmating Infection due to widespread

malignancy from carclnoma of the rectum. The appellant lodged a claim

2.

for a pension on 24 Auqust 1974. The clam was rejected by the

-

Repatrlation Board on 26 September 1974 and appeals to the

Repatriation Commisslon were subsequently dlsallowed. There was a

further appeal to the War Pensions Entitlement Appeal Tribunal which

was dlsallowed In 1978.

On 17 February 1981 the appellant requested the Commisslun to

reconslder its earlier declsion pursuant to sub-S. 31(1) of…