ARU v Victims Compensation Fund Corporation [2014] NSWCATAD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ARU v Victims Compensation Fund Corporation [2014] NSWCATAD 203 Hearing dates: On the papers Decision date: 22 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Pursuant to section 38 (5) of the old Act I affirm the decision of the compensation assessor. 2. Pursuant to section 35 (1) of the old Act I make an award of costs. Catchwords: Act of violence- causation - as a direct result - compensable injury as an indirect result - weight of evidence - expert evidence- existing condition. Legislation Cited: Victims Support and Rehabilitation Act 1996 Victims Rights and Support Act 2013 Victims Rights and Support Regulation 2013 Cases Cited: Spruill v Victims Compensation Fund Corporation proceedings No 3159 of 2008 in the District Court of New South Wales (Truss J. Unreported) Maguire v VCFC [2002] NSWDC 7 Buckley v Victims Compensation Fund Corporation [2004] NSWSC 513 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Category: Principal judgment Parties: ARU (Applicant) Victims Compensation Fund Corporation (Respondent) Representation: McKells Solicitors (Applicant) M Ting (Respondent) File Number(s): 137028 (Decision under review- 144753) 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).