Victims Compensation Fund Corporation v JM [2011] NSWCA 89

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Victims Compensation Fund Corporation v JM [2011] NSWCA 89 Hearing dates: 7 March 2011 Decision date: 13 April 2011 Before: Macfarlan JA at [1]; Young JA at [8]; Sackville AJA at [52] Decision: Appeal upheld with costs. Judgment of Rothman J set aside. Decision of Tribunal restored. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: JUDICIAL REVIEW of administrative decisions- appeal from an overturned decision of the Victims Compensation Tribunal- whether the Tribunal committed error of law and its decision was wholly irrational and capricious- Tribunal found 500 sexual assaults were "related acts" within the meaning of the Victims Support and Rehabilitation Act s 6(3), (4)- whether the Tribunal failed to take into account factors of age and location or failed to give them adequate weight- Tribunal's statutory construction of "related acts" was within its mandate- the reasons given by a tribunal are not to be construed minutely and finely with a keenly attuned eye to the perception of error- appeal upheld with costs- decision of Tribunal restored. Legislation Cited: Victims Support and Rehabilitation Act 1996, ss 3, 5, 6, 10, 27, 36, 38, 39 Cases Cited: Attorney General v Cohen [1937] 1 KB 478 Attorney General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 26; 78 CLR 353 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Director-General of The Attorney-General's Department v District Court of NSW and Stark (1993) 32 NSWLR 409 Distillers Co Bio-Chemicals (Aust) Pty Ltd v Ajax Insurance Company Ltd (1974) 130 CLR 1 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 MJW v Victims Compensation Fund Corporation (1997) 3 NSWCR 33 R v Connell; Ex parte The Hetton Bellbird Collieries [1944] HCA 42; 69 CLR 407 R v Sheffield Crown Court; Ex parte Brownlow [1980] QB 530 Victims Compensation Fund Corporation v Brown [2002] NSWCA 155; 54 NSWLR 668 Victims Compensation Fund Corporation v Brown [2003] HCA 54; 201 ALR 260 Category: Principal judgment Parties: Victims Compensation Fund Corporation (Appellant) JM (First Respondent) Victims Compensation Tribunal (Second Respondent) Representation: Counsel: N Hutley SC and C Spruce (Appellant) R Beech-Jones SC and R Graycar (First Respondent) Second Respondent submitted Solicitors: I V Knight, Crown Solicitor (Appellant) Women's Legal Services NSW (First Respondent) File Number(s): CA 2009/325679 Decision under appeal Citation: JM v Victims Compensation Fund Corporation [2009] NSWSC 1300 Date of Decision: 2009-12-02 00:00:00 Before: Rothman J File Number(s): SC 2009/30033