BDJ v Victims Compensation Fund Corporation (No2). [2014] NSWCATAD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDJ v Victims Compensation Fund Corporation (No2). [2014] NSWCATAD 187 Hearing dates: On the papers Decision date: 03 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Pursuant to section 38 (5) (a) of the old Act, I affirm the decision of the compensation assessor in respect of compensable injury (s-17). 2. Pursuant to section 38 (5) (a) of the old Act, I set aside the decision of the compensation assessor in respect of financial loss (s-18) and make an award under that section. (3) Noting the order of 19 June 2013 I make no further order as to costs of this appeal. Catchwords: Victim Support and Rehabilitation - Withdrawn Appeal - Leave to Reinstate Appeal - Act of Violence - Whether Infliction of Serious Bodily Injury - pattern of abuse - receipt of fresh evidence. Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Compensation Rule 1997 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Cases Cited: Buckley v Victims Compensation Fund Corporation (2004) NSW SC 513 at [34] BYV v Victims Compensation Fund Corporation [2013] NSWADT 281 Texts Cited: The Australian Concise Oxford Dictionary (3rd Edition) The Macquarie Dictionary (3rd Edition) Category: Principal judgment Parties: BDJ (Appellant) Victims Compensation Fund Corporation - (Respondent) Representation: Good Legal Solicitors (Appellant) File Number(s): 137342 (decision under appeal 171665) Publication restriction: Section 64 (1) (a) of the Civil and Administrative Tribunal Act: An order prohibiting or restricting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal).