High Court of Australia
Thompson v. Repatriation Commission
Application for special leave to appeal
from the Federal Court of Australia
Before Mason CJ, Brennan and Gaudron JJ
Heard - 25 November 1988 - Sydney
Decision - 25 November 1988 - Sydney
Application refused
It was submitted on behalf of the applicant that the Full Court of the Federal Court of Australia (Repatriation Commission v Thompson (1988) 82 ALR 352, 9 AAR 199) was wrong in not finding that the Tribunal had erred when it held that "actual" danger was encompassed by the phrase "incurred danger from hostile forces of the enemy", as that phrase appeared in subparagraph 36(a)(i) of the Veterans' Entitlements Act 1986.
Mr Thompson was represented by Mr G R James QC with Mr Bleicher, instructed by Director, Legal Aid Commission of New South Wales.
The Commission was represented by Mr A Robertson, instructed by the Australian Government Solicitor.
The following is an edited transcript of the proceedings on 25 November 1988 -
MASON CJ. In our view the actual decision of the Full Court of the Federal Court is not attended with sufficient doubt to warrant the grant of special leave to appeal.
The Administrative Appeals Tribunal found as a fact that the applicant was not at risk whilst he was on Peron Island or whilst he was travelling to or from the island by boat, and its finding of fact was conclusive. It was well open to the Full Court to conclude that in the light of this finding of fact the applicant did not incur danger within the meaning of the statutory provision at any relevant time. The application of the provision necessarily involves nice questions of fact and degree.
For these reasons, the application is refused.