PITTAS v DISTRICT COURT OF NEW SOUTH WALES AND ANOR [1997] NSWCA 248

PITTAS v DISTRICT COURT OF NEW SOUTH WALES & ANOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER and BEAZLEY JJA, and DUNFORD AJA 19 February 1997, 25 March 1997

[1997] NSWCA 248

Judicial review — s20(1) Victims Compensation Act, 1988.

FACTS

The claimant applied for relief by way of certiorari from a decision of Downes DCJ in respect of the claimant's application under the Victims Compensation Act, 1988. The claimant alleged procedural unfairness, jurisdictional error and error on the face of the record.

HELD

1) The claimant knew what case he had to make out and meet and in these circumstances, there was no requirement for the applicant to be cross-examined, and it follows that no procedural unfairness could have occurred.

2) The application of the principle of jurisdictional error to the lack of regard by his Honour for s20(1) of the Victims Compensation Act, 1988 cannot arise until the claimant is found a victim of violence within this Act. His Honour found that the claimant was not a victim of violence, which finding was open to his Honour and cannot be disturbed in this case.

3) The record for the purpose of these proceedings consists of the notice of appeal and the ultimate Court order, upon neither is any error apparent.

ORDERS

Summons dismissed with costs.

Meagher JA This is an application for relief in the nature of certiorari in respect of a decision by Downs DCJ dealing with an application by Mr Pittas under the Victims Compensation Act.

On 31 October 1981 Mr Pittas, being then a prisoner detained at Maitland Gaol. was involved in a brawl with other inmates. Nearly five years later, on 18 September 1996, he swore a statutory declaration about the incident. His version of what happened is quite clear. He alleges that at about 7.30am on that day he was standing near the entrance to his cell, No 2, which he occupied with two other prisoners, Messrs Tarlington and Kolovos. He was preparing coffee, when some person threw boiling water over him from behind. When he turned to see what happened, he was struck across the face by someone wielding a substantial piece of timber. He was rendered unconscious. He did not know the identity of his assailant.