Korossy v VCFC [2002] NSWDC 20

New South Wales District Court

CITATION : Korossy v VCFC [2002] NSWDC 20 TRIBUNAL : Victims Compensation Tribunal PARTIES : Csaba Korossy Victims Compensation Fund Corporation FILE NUMBER(S) : 974 of 2001 CORAM: Delaney DCJ CATCHWORDS: failure to give proper reasons Victims Compensation Act 1996 LEGISLATION CITED: Victims Compensation Amendment Act 1998 Workers Compensation Act 1987 CASES CITED: Soulemezis v Dudley Holdings 10 NSWLR 247; Azzopadi v Tasman UEB Industries Ltd 4 NSWLR 139 DATES OF HEARING: 6/02/02 DATE OF JUDGMENT: 6 February 2002

JUDGMENT:

HIS HONOUR JUDGE DELANEY: The applicant seeks leave of the District Court to bring an appeal against a decision of the learned Magistrate constituted pursuant to the Victims Compensation Act (1996) as amended.

It is not necessary because the matter has been ventilated many times to re-state the fact that the jurisdiction of this Court is enlivened only if the applicant for leave can show that the Tribunal in the consideration of the issues cast upon it by the Act was guilty of making an error of law.

The determination of that issue has been considered in many previous cases. What is an error of law was referred to in detail in Azzopardi's case. It has been the subject and comment of many judicial pronouncements.

The applicant for leave in this case seeks the order on the basis that in considering the issues before him the Magistrate failed to explain, and therefore did not give proper reasons, as to why he preferred the evidence contained in the report of Dr Wolfenden as opposed to the allegations made by the appellant.

The respondent to this application says that there was no error of law.