VICTIMS COMPENSATION FUND CORP v NGUYEN & ANOR [2001] NSWCA 264

Reported Decision : 52 NSWLR 213

New South Wales Court of Appeal

CITATION : VICTIMS COMPENSATION FUND CORP v NGUYEN & ANOR [2001] NSWCA 264 FILE NUMBER(S) : CA 40879/00 HEARING DATE(S) : 10 May 2001 JUDGMENT DATE : 16 August 2001

PARTIES : VICTIMS COMPENSATION FUND CORPORATION v PHUC HUU NGUYEN & ANOR JUDGMENT OF : Mason P at 1; Handley JA at 50; Powell JA at 51

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : LOWER COURT Mahoney DCJ JUDICIAL OFFICER :

Appellant: R Lancaster COUNSEL : 1st Respondent: S Kalfas 2nd Respondent: Submitting SOLICITORS : Crown: I V Knight Respondent: Brydens Law Office CATCHWORDS : Victims Compensation - appeal - certiorari - s30(1) Victims Compensation Act 1996 - whether District Court erred in law - whether Victims Compensation Tribunal could set aside assessor's determination and award less - appeal considered on papers - procedural fairness - whether Tribunal obliged to notify party of intention to reduce award. (D) CASES CITED: Parker v Director of Public Prosecutions (1992) 28 NSWLR 282. DECISION : Dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40879/00 MASON P HANDLEY JA POWELL JA

Thursday 16 August 2001 VICTIMS COMPENSATION FUND CORPORATION v PHUC HUU NGUYEN & Anor

The Victims Compensation Fund Corporation (claimant) seeks orders in the nature of certiorari quashing orders made in the District Court.

On 26 January 1997 the first opponent (Mr Nguyen) was stabbed at Cabramatta during an affray. On reporting to the police, Mr Nguyen said that the attack had been a reprisal for an incident that occurred while he had been a member of an Asian gang. When questioned further by the police, Mr Nguyen declined to provide a written statement or any further assistance to the police.