Bridgeman v Victims Compensation Fund Corporation [2008] NSWDC 153

New South Wales District Court

CITATION: Bridgeman v Victims Compensation Fund Corporation [2008] NSWDC 153

HEARING DATE(S): 19 June 2008

JUDGMENT DATE: 18 July 2008

JURISDICTION: District Court Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

1. The Summons (and the Notice of Motion which preceded it) are dismissed. DECISION: 2. Leave to appeal is refused. 3. The determination of the Victims Compensation Tribunal of 30 January 2008 is affirmed. 4. The Appellant is to pay the costs of the Respondent on the ordinary basis.

CATCHWORDS: VICTIMS COMPENSATION - appeal on question of law from decision of Victims Compensation Tribunal - whether late evidence should have been received by the Tribunal - whether the Tribunal gave adequate reasons - whether the Tribunal's decision was so unreasonable on the facts as to amount to an error of law

LEGISLATION CITED: Victims Support and Rehabilitation Act 1996

Advanced Gaming Technologies Pty Limited v Ahearn [1999] NSWSC 45 Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430 Buckley v Victims Compensation Fund Corporation [2004] NSWSC 513 Cook v Midpart Pty Limited [2008] NSWCA 151 CASES CITED: Eastside Scaffolding v Kazic [2008] NSWCA 146 Madden v New South Wales Ministerial Corporation [1999] NSWSC 196 Maksoudian v J Robins & Sons Pty Limited (1993) 9 NSWCCR 642 Skalkos v Assaf [2002] NSWSC 1221 Southern Tableland Health Service v Solomon (1999) NSWCCR 235 Victims Compensation Fund Corporation v Hill [2000] NSWCA 75 Wilson v The Prothonotary [2000] NSWCA 23