VICTIMS COMPENSATION FUND CORPORATION v AINSWORTH & ANOR [2001] NSWCA 92

Reported Decision : 51 NSWLR 466

New South Wales Court of Appeal

CITATION : VICTIMS COMPENSATION FUND CORPORATION v AINSWORTH & ANOR [2001] NSWCA 92 FILE NUMBER(S) : CA 40498/00 HEARING DATE(S) : 15 March 2001 JUDGMENT DATE : 10 April 2001

PARTIES : VICTIMS COMPENSATION FUND CORPORATION v David John AINSWORTH & ANOR JUDGMENT OF : Mason P at 1; Priestley JA at 54; Giles JA at 55

LOWER COURT JURISDICTION : District Court LOWER COURT DC 447/99 FILE NUMBER(S) : LOWER COURT Phelan DCJ JUDICIAL OFFICER :

Appellant: C Lonergan COUNSEL : 1st Respondent: S Longhurst 2nd Respondent: Submitting appearance SOLICITORS : Appellant: I V Knight Crown Solicitor 1st Respondent: J R Lough & Associates CATCHWORDS : Victims compensation - error of law on face of record - aggravation of existing condition - whether injury "as a direct result" of act of violence - limited powers of District Court when Tribunal determination set aside. (D) DECISION : See par 53

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40498/2000 MASON P PRIESTLEY JA GILES JA

Tuesday 10 April 2001 VICTIMS COMPENSATION FUND CORPORATION v David John AINSWORTH & ANOR

JUDGMENT

1 MASON P: The claimant seeks orders that the record of proceedings before Judge JB Phelan in the District Court be removed into this Court and that the orders made by his Honour be quashed. Ancillary relief is claimed. The second opponent, the District Court of New South Wales, submits except as to costs. 2 The basis of relief is error of law on the face of the record. In this context, the record includes the reasons expressed by the District Court for its ultimate determination (see Supreme Court Act 1970, s69(4)). It is also legitimate to refer to the originating process in the District Court and the orders made by that court (see Craig v State of South Australia (1995) 184 CLR 163). It is unnecessary to determine whether the record would extend to the originating process before the Victims Compensation Tribunal or the reasons of that Tribunal.