Maguire v VCFC [2002] NSWDC 22

New South Wales District Court

CITATION : Maguire v VCFC [2002] NSWDC 22 TRIBUNAL : Victims Compensation Tribunal PARTIES : Troy Andrew Maguire Victims Compensation Fund Corporation FILE NUMBER(S) : 7072; 7073 of 2002 CORAM: CATCHWORDS: contributory behaviour - causation - s30(1) LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 Associated Provincial Picture Houses Limited v The Wednesbury Corporation (1948) 1 KB 223; Victims Compensation Fund v Scott Brown and others (2002) NSWCA 155; CASES CITED: Victims Compensation Fund Corporation v Ainsworth (2001) 51 NSWLR 466; March v Stramare (1991) 171 CLR 506; Chappel v Hart [1998] HCA 55 DATES OF HEARING: 5 December 2002 DATE OF JUDGMENT: 5 December 2002

JUDGMENT:

HIS HONOUR JUDGE FINNANE: The applicant seeks leave to appeal to this Court on a question of law concerning a determination by the Victims Compensation Tribunal constituted under the Victims Support and Rehabilitation Act 1996. The application for leave to appeal appears by way of notice of motion and includes the determination appealed against and the questions of law on the grounds of the appeal.

I consider for reasons that will become obvious that there are important questions of law which arise in this application and I grant leave to appeal.

The determination appealed against was a determination by a magistrate on 8 July 2002. He sat as the tribunal hearing an appeal against the determination of an assessor.

The facts that are referred to in the determination show that on 18 September 1997 at 11pm the appellant, Troy Andrew Maguire, was in his home when a man called Barton knocked on the door. The appellant opened the door and Mr Barton struck him on the head with a piece of wood. The appellant was a guest in the house at the time.