ATX v Victims Compensation Fund Corporation [2015] NSWCATAP 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ATX v Victims Compensation Fund Corporation [2015] NSWCATAP 42 Hearing dates: 11 December 2014 Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President J McAteer, Senior Member Decision: (1)Leave is granted for the appeal to proceed on grounds other than a question of law. (2)The decision of the Tribunal is set aside. (3)The decision of the compensation assessor is set aside. (4)ATX is awarded the sum of $25,000.00 for Category 3 Sexual Assault. (5)Costs are awarded in the sum of $1500.00 Catchwords: APPEAL – NSW Civil and Administrative Tribunal – repealed victims compensation scheme – evidence lodged but not before the Tribunal – evidence before the Tribunal but not taken into account – meaning of "compensable injury"- merits of the application considered Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Victims Support and Rehabilitation Act 1996 (NSW) Cases Cited: ATX v Victims Compensation Fund Corporation [2014] NSWCATAP 71 Collins v Urban [2014] NSWCATAP 17 Category: Principal judgment Parties: ATX (Appellant) Victims Compensation Fund Corporation (Respondent) Representation: Bell Lawyers (Appellant) Victims Compensation Fund Corporation (Respondent) File Number(s): AP14/46487 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Date of Decision: 21 February 2014 Before: M Riordan, Senior Member File Number(s): 137088