Aldridge v Victims Compensation Fund Corporation [2008] NSWSC 724

New South Wales Supreme Court

CITATION : Aldridge v Victims Compensation Fund Corporation [2008] NSWSC 724

HEARING DATE(S) : 4 March 2008

JUDGMENT DATE : 17 July 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) Judgment for the first defendant on the summons; DECISION : (ii) The summons is dismissed; (iii) Liberty for any party to apply within 7 days for any order for costs.

CATCHWORDS : ADMINISTRATIVE LAW – victims compensation – prerogative writ – findings of fact not challenged – no error of law – proceedings dismissed.

LEGISLATION CITED : Victims Support and Rehabilitation Act 1996

CATEGORY : Principal judgment

CASES CITED : Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298

Dawn Aldridge (Plaintiff) PARTIES : Victims Compensation Fund Corporation (First Defendant) Victims Compensation Tribunal (Second Defendant)

FILE NUMBER(S) : SC 13847/2007

J Raine (Plaintiff) COUNSEL : S Free (First Defendant) Submitting appearance (Second Defendant)

SOLICITORS : Fosters Lawyers (Plaintiff) Crown Solicitor's Office (Defendants)

LOWER COURT JURISDICTION : Victims Compensation Tribunal

LOWER COURT FILE NUMBER(S) : 86384

LOWER COURT JUDICIAL OFFICER : Magistrate Gilmore

LOWER COURT DATE OF DECISION : 17 May 2004

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ROTHMAN J

17 JULY 2008

13847/2007 Aldridge v Victims Compensation Fund Corporation & Anor

JUDGMENT 1 HIS HONOUR: Dawn Daphne Aldridge (Ms Aldridge) alleges that she was the victim of a number of assaults for which she sought compensation under the Victims Support and Rehabilitation Act 1996 ("VSR Act"). A Compensation Assessor dismissed her application, from which dismissal Ms Aldridge appealed to the Victims Compensation Tribunal. On 17 May 2004, the Victims Compensation Tribunal ("Tribunal") dismissed her appeal against the Assessor's determination. 2 Ms Aldridge applies to the Court for orders quashing the determination of the Tribunal and of the Compensation Assessor. These orders are sought on the basis of alleged errors on the face of the record. The Victims Compensation Tribunal, which is the second defendant in these proceedings, submits to any order of the Court, save as to an order for costs. Background 3 Ms Aldridge claims to have been sexually and physically assaulted by her de facto partners over the period from 1973 to 1990. The assaults were said to have occurred at Mt Druitt and Walaga Lake Aboriginal Mission, Bermagui. Three de facto partners were identified who, it was said, perpetrated these assaults. Two of those alleged offenders were deceased at least at the time of February 2003. 4 On 21 February 2003, the plaintiff applied for compensation under the VSR Act and detailed the above information in that application. 5 The application form for compensation (Tender Bundle, p 14) requires evidence of the injuries in respect of which compensation is claimed. The applicant completed it in a manner which indicated that the information would be provided "following receipt of report at conclusion of counselling". 6 The application form was accompanied by a statement (Tender Bundle, p 19 et seq), which asserts the following: