Rebrick v Victims Compensation Fund Corporation [1999] NSWDC 17

New South Wales District Court

CITATION : Rebrick v Victims Compensation Fund Corporation [1999] NSWDC 17 TRIBUNAL : Victims Compensation Tribunal PARTIES : Julie Rebrick Victims Compensation Fund Corporation FILE NUMBER(S) : 830 of 1998 CORAM: English DCJ CATCHWORDS: Schedule 1(5) - shock :- beneficial legislation Schedule 1(5) - shock :- s 39 LEGISLATION CITED: Victims Compensation Act 1996 CASES CITED: DATES OF HEARING: 24/9/99 DATE OF JUDGMENT: 24 September 1999 LEGAL REPRESENTATIVES: Saddington Foggo

JUDGMENT: HER HONOUR: Pursuant to the provisions of s 39 of the Victim's Compensation Act the applicant seeks leave to appeal against the decision of the Victim's Compensation Tribunal made on 19 October 1998. A document entitled "Statement of Determination Appealed Against", purports to set out grounds upon which the appeal is brought, that is that: (i) That the Tribunal erred in its interpretation of clause 5 of schedule 1 of the Victim's Compensation Act and it's interpretation of the psychologist report.

(ii) That the Tribunal erred in its interpretation of McLoughlin and O'Brien when determining shock under the Victim's Compensation Act .

(iii) That the Tribunal erred in its interpretation of Queen and Babic when determining shock before the tribunal erred in not interpreting the Victim's Compensation Act as a beneficial act of the people who had suffered injury as a result of a crime committed against them.

Written submissions were handed up by both counsel. The relevant provisions of the Victim's Compensation Act 1996 provide as follows: Section 39 Appeals to the District Court on questions of law 1. An applicant for statutory compensation may with the leave of the District Court appeal to the District Court on a question of law arising in any determination of the application by the Tribunal