White v Victims Compensation Fund Corporation [1999] NSWDC 23

New South Wales District Court

CITATION : White v Victims Compensation Fund Corporation [1999] NSWDC 23 TRIBUNAL : Victims Compensation Tribunal PARTIES : Antje White Victims Compensation Fund Corporation FILE NUMBER(S) : 960 of 1999 CORAM: Robison DCJ CATCHWORDS: s38(3) - special grounds LEGISLATION CITED: Victims Compensation Act 1996 District Court Rules Pt 6 r 60(c)(4) Hatley v Victims Compensation Fund Corporation; CASES CITED: Director General of the Attorney General's Department v District Court of New South Wales and Stark (1993) 32 NSWLR 409; Torrealba v District Court of New South Wales (1996) 40 NSWLR 327 DATES OF HEARING: 5/10/99 DATE OF JUDGMENT: 5 October 1999 LEGAL REPRESENTATIVES: Mr Robinson Mr Moore

JUDGMENT: DCV1828 1176/99 TB-D1

~05/10/99 2

HIS HONOUR: The appellant in this appeal, seeks an order that the determination be set aside, the matter be remitted to the Tribunal to be dealt with in accordance with the decision of this Court, and on the basis of the evidence as directed by this Court. It is alleged in the Notice of Appeal that the Tribunal erred in refusing to admit further evidence on appeal under s 38(3) of the Victims Compensation Act 1996. I have noted the statement pursuant to Pt 6 r 60(c)(4) of the District Court Rules. It is alleged in the statement, amongst other things, that "[s]pecial grounds existed under which the admission of further evidence ought to have been allowed." Special grounds in this case are alleged. In paragraph 3 of the statement it is alleged that "[t]he special grounds were at least in part made out by the dramatically greater extent and duration of the appellant's physical and psychological symptoms apparent in the additional material sought to be relied upon as opposed to that which was before the assessor." The statement alleges that "[i]t was apparent from a perusal of the material sought to be adduced that the earlier reports were so inadequate and out of date as to be misleading."