NSW Caselaw
New South Wales Court of Appeal
CITATION : Victims Compensation Fund Corporation v Sarah Jane Hill [2000] NSWCA 75 FILE NUMBER(S) : CA 40064/00 HEARING DATE(S) : 30.03.2000 JUDGMENT DATE : 5 April 2000
PARTIES : Victims Compensation Fund Corporation v Sarah Jane Hill JUDGMENT OF : Mason P; Sheller JA; Foster AJA
LOWER COURT JURISDICTION : District Court LOWER COURT 75/99 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :
COUNSEL : C. Lonergan for the claimant SOLICITORS : David Poynten & Co for the opponent CATCHWORDS : Relief in nature of certiorari sought in relation to orders made - not an appeal from decision - first opponent, a minor, victim of an assault - claim for compensation based upon concussion and shock - sought to adduce fresh evidence on hearing of appeal - "special grounds". LEGISLATION CITED : Victims Compensation Act 1996 ss 69(4), 75A(7) of the Supreme Court Act 1970 Craig v South Australia (1995) 184 CLR 163 Hockey v Yelland (1984) 157 CLR 124 O'Brien v District Court of New South Wales (1996) 89 ACrimR 439 Senica v District Court of New South Wales VC 9907830, CA 12 November 1999 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 274-6 CASES CITED: Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297 at 303, 308 Atkins v National Australia Bank (1994) 34 NSWLR 155 at 160 Radnedge v Government Insurance Office of New South Wales (1987) 9 NSWLR 235 Wilson v The Prothonotary [2000] NSWCA 23 at 47 Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 at 140 Hately v The Victims Compensation Fund Corporation (1 April 1999) DECISION : 1. That the record of the proceedings before his Honour Judge Garling DCJ at the District Court, Coffs Harbour, on 12 November 1999 (75/99) be removed to this Court.; 2. That the orders made by his Honour in the said proceedings be quashed.; 3. That the proceedings be remitted to the District Court for rehearing in accordance with these reasons.
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