Muston v VCFC [2002] NSWDC 11

New South Wales District Court

CITATION : Muston v VCFC [2002] NSWDC 11 TRIBUNAL : Victims Compensation Tribunal PARTIES : Robert Andrew Muston Victims Compnesation Fund Corporation FILE NUMBER(S) : 37 of 2002 CORAM: Twigg DCJ CATCHWORDS: disability - psychological or psychiatric disorder LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 Walker v Victims Compensation Fund Corporation, 1999 NSWDC at 22; CASES CITED: Owen v Victims Compensation Fund Corporation [1999] NSWDC 16 ; Couley v Victims Compensation Fund Corporation [1999] NSWDC 6 DATES OF HEARING: 24 May 2002 DATE OF JUDGMENT: 24 May 2002

JUDGMENT:

HIS HONOUR JUDGE TWIGG QC: Robert Andrew Scott Muston of Nambucca Heads was injured on 27 March 1998 when he was assaulted whilst he was sitting on a chair on the verandah of his home at Nambucca Heads. He was taken to hospital by ambulance and the ambulance report and hospital notes are part of the medicals that are part of the Tribunals file, which is exhibit A.

Mr Muston spent from 27 March 1998 till 31 March 1998 at the Macksville District Hospital.

He made an application under the Victims Support and Rehabilitation Act 1996 for compensation, and initially, by a determination, his application was refused by an assessor. There was finally a determination by way of appeal to a Magistrate within the permitted limits of the Act, and that order of the Magistrate was to dismiss the appeal.

From that decision Mr Muston makes appeal to this, the District Court, pursuant to s 39(1) of the Victims Support and Rehabilitation Act 1996. That permits an applicant for statutory compensation, with the leave of this Court, to appeal to the District Court on a question of law arising in any determination of the application by the Tribunal. Thus, I am restricted to determining whether the Magistrate, in that appeal on 13 February 2002, has made an error in law.