Victims Compensation Fund Corporation v Brown [2003] HCA 54

HIGH COURT OF AUSTRALIA

McHUGH ACJ, GUMMOW, KIRBY, HAYNE AND HEYDON JJ

VICTIMS COMPENSATION FUND CORPORATION APPELLANT

AND

SCOTT BROWN & ORS RESPONDENTS

Victims Compensation Fund Corporation v Brown [2003] HCA 54

30 September 2003

S162/2003

ORDER

1. Appeal allowed.

2. Set aside paragraphs 1 and 2 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 28 May 2002 and, in lieu thereof, order that:

(a) the record of the proceedings in the District Court be removed into the Court of Appeal; and

(b) the orders of Phelan DCJ made on 19 March 2001 in proceedings Nos 317/00 and 318/00 be quashed and, in lieu thereof, the determination of the Victims Compensation Tribunal made on 16 May 2000 be affirmed.

On appeal from Supreme Court of New South Wales

Representation:

M G Sexton SC, Solicitor-General for the State of New South Wales with C L Lonergan for the appellant (instructed by Crown Solicitor for New South Wales)

A J Bellanto QC with G C Halsall for the first and second respondents (instructed by Hilton King Solicitors)

No appearance for the third respondent

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Victims Compensation Fund Corporation v Brown

Criminal law – Victims compensation – Shock – When compensable – Eligibility for compensation only if victim suffers "symptoms and disability" – Whether "and" conjunctive or disjunctive.

Statutes – Interpretation – "Symptoms and disability" – Whether "and" conjunctive or disjunctive.

Words and phrases – "and".

Victims Support and Rehabilitation Act 1996 (NSW), Sched 1, cl 5(a).

1. McHUGH ACJ. I agree that the appeal should be allowed for the reasons given by Heydon J. I also agree with the orders that his Honour proposes. 2. GUMMOW J. I agree with the reasons of Heydon J and the orders his Honour proposes. 3. KIRBY J. I agree in the orders proposed by Heydon J and with his reasons. 4. HAYNE J. I agree with Heydon J.