Lynch v Victims Compensation Fund Corporation [2012] NSWDC 17

District Court New South Wales

Medium Neutral Citation: Lynch v Victims Compensation Fund Corporation [2012] NSWDC 17 Hearing dates: 16 February 2012 Decision date: 02 March 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Leave to appeal is granted; 2.The appeal is allowed; 3.The orders of the Victims Compensation Tribunal made on 22 August 2011 pursuant to s 29 of the Victims Support and Rehabilitation Act 1996 in proceedings numbered 149612C in that Tribunal are set aside pursuant to s 39(5)(a) of that Act ; 4.The proceedings and the Victims Compensation file are remitted to the Victims Compensation Tribunal to be dealt with according to law and in conformity with paragraphs 113 and 114 of these reasons; 5.The respondent is to pay the costs of the appellant on the ordinary basis unless otherwise entitled; 6.Liberty to apply in 7 days notice for further orders if required. [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: ADMINISTRATIVE LAW - victims compensation - PTSD following home invasion - whether Tribunal had regard to improper considerations in determining it should refuse the appellant an award of compensation - whether determination involved a question of law - construction of s 30(1)(a) of Victims Support and Rehabilitation Act 1996 - whether temporal connection between previous criminal behaviour of victim and claimed injury must be established - consideration of "directly or indirectly contributed to the injury" - something more than unsubstantiated gossip, rumour or opinion is required for finding disentitlement to compensation - remittal for rehearing Legislation Cited: Victims Support and Rehabilitation Act 1996, s 5(1)(a) & (b), s 24, s 29, s 30(1)(a), s 38(3), s 39(1), (5) & (5)(a) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Director-General of the Attorney General's Department v District Court of NSW and Stark [1993] 32 NSWLR 409 Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Minister for Ethnic Affairs v Wu Shang Liang (1986) 185 CLR 259 Category: Principal judgment Parties: Jason Brian Lynch (Applicant/Plaintiff) Victims Compensation Fund Corporation (Respondent/Defendant) Representation: Mr S Friend (Applicant/Defendant) Mr M Ting (Respondent/Defendant) Friend & Co (Appellant/Plaintiff) Victims Services (Respondent/Defendant) File Number(s): 2011/376366 Decision under appeal Citation: Victims Compensation Tribunal Date of Decision: 2011-08-22 00:00:00 Before: Mr Lulham, LCM File Number(s): 149612C