Christian Summerhayes v Victims Compensation Fund Corporation [2010] NSWDC 327

New South Wales District Court

CITATION: Christian Summerhayes v Victims Compensation Fund Corporation [2010] NSWDC 327

JUDGMENT DATE: 14 December 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

1. I extend the time for Mr Summerhayes to institute his appeal to 30 September 2010. DECISION: 2. I grant leave for him to appeal to this Court from the determination of the Tribunal. 3. I affirm the determination of the Tribunal.

CATCHWORDS: CIVIL LAW - appeal from decision of Victims' Compensation Tribunal - claim for compensation for a chronic psychological or psychiatric disorder - victim of an assault while a psychiatric patient - whether decision of Tribunal involved an error of law - submission that there was misconduct or impropriety in the exercise by the Tribunal of its power - submission that rejection by the Tribunal of his application to present further evidence was wrong - submission that not provided with procedural fairness or natural justice - submission that Tribunal reached the wrong conclusion on the evidence - no evidence of any misconduct or impropriety by Tribunal - discretion not to admit evidence not legal error - no evidence of procedural unfairness of lack of natural justice - recommendation that Attorney-General consider some form of ex gratia payment

LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 s 39(1)

PARTIES: Christian Summerhayes Victims Compensation Fund Corporation

FILE NUMBER(S): 2010/207088

SOLICITORS: Mr Summerhayes self-represented Mr M Ting for the Victims' Compensation Tribunal

JUDGMENT

1. This is my judgment on an appeal to the District Court by Christian Summerhayes from his unsuccessful case in the Victims' Compensation Tribunal. The case in the Victims' Compensation Tribunal was itself an appeal. It came from an assessor who had dismissed Mr Summerhayes' claim for a psychological or psychiatric injury.