“S” v Victims Compensation Fund Corporation [2009] NSWDC 109

New South Wales District Court

CITATION: "S" v Victims Compensation Fund Corporation [2009] NSWDC 109 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26 March 2009

JUDGMENT DATE: 30 June 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Leave to appeal is granted; DECISION: 2. The orders made by the Victims Compensation Tribunal on 27 August 2008 in Tribunal proceedings 134954B are set aside; 3. The proceedings are remitted to the Victims Compensation Tribunal to be dealt with according to law; 4. The respondent is ordered to pay the applicant's costs.

CATCHWORDS: ADMINISTRATIVE LAW – review of decision of Victims Compensation Tribunal that considered the appropriateness of the award of a claims assessor – denial of procedural fairness – Tribunal determined claim on a consideration of materials that included a disputed police facts sheet that was not disclosed to applicant until after determination by the Tribunal – inherent deficiency in Tribunal's procedures – applicant a minor – victim of multiple incidents of aggravated domestic violence including beatings, whippings, category 3 sexual assault, burns caused by scalding with boiling hot water – incorrect findings of fact amounting to question of law – illogical reasoning – INTERPRETATION – construction of s 5(3) of Victims Support and Rehabilitation Act 1996 – WORDS AND PHRASES – "at approximately the same time"

LEGISLATION CITED: Victims Compensation Act 1987 Victims Support and Rehabilitation Act 1996

Azzopardi v Tasman UEB Industries Ltd [1985] 4 NSWLR 139 Bridgeman v Victims Compensation Fund Corporation [2008] NSWDC 153 Director-General of the Attorney-General's Department v District Court of New South Wales and Stark [1993] 32 NSWLR 409 Hope v Council of the City of Bathurst [1980] HCA 16; (1980) 144 CLR 1 McDermott v Owners of SS Tintoretto [1911] AC 35 CASES CITED: MJW v Victims Compensation Fund Corporation NSWDC, unreported,18 November 1997 Muilwyk v Victims Compensation Fund [2005] NSWSC 153 Victims Compensation Fund v Brown [2003] HCA 54; (2003) 201 ALR 260 Victims Compensation Fund v Brown [2002] NSWCA 155; (2002) 54 NSWLR 668 Victims Compensation Fund Corporation v Nguyuen & Anor [2001] NSWCA 264; (2001) 52 NSWLR 213 Waterford v Commonwealth [1987] HCA 25; (1987) 163 CLR 54