Bartak v Victims Compensation Fund Corporation [1999] NSWDC 5

New South Wales District Court

CITATION : Bartak v Victims Compensation Fund Corporation [1999] NSWDC 5 TRIBUNAL : Victims Compensation Tribunal PARTIES : Lisa Fabia Bartak Victims Compensation Fund Corporation FILE NUMBER(S) : 476 of 1999 CORAM: Puckeridge DCJ CATCHWORDS: shock - Schedule 1(5) - disability LEGISLATION CITED: Victims Compensation Act 1996 CASES CITED: Owen v VCFC; Couley v VCFC DATES OF HEARING: 29/11/99 DATE OF JUDGMENT: 29 November 1999

JUDGMENT: HIS HONOUR: In the matter of Bartak the appellant seeks leave to appeal from the determination of the Victims Compensation Tribunal of 28 October 1998. For the reasons as stated in the matter of Owen and Couley I consider that the Tribunal erred in determining cl 5 of Sch 1 of the Victims Compensation Act and I remit the matter to the District Court to be determined in accordance with law and in accordance with the reasons for same, as indicated in the matter of Couley and the matter of Owen . That deals with the matter, does it not, Mr--

LONGHURST: Except for costs, your Honour.

HIS HONOUR: The respondent agrees to pay the appellant's costs in respect of the motion and of the appeal.

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