Dobbie v Commissioner of Victims Rights [2018] NSWSC 1989

Supreme Court New South Wales

Medium Neutral Citation: Dobbie v Commissioner of Victims Rights [2018] NSWSC 1989 Hearing dates: 27 April 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) By order in the nature of certiorari, set aside the reassessment review decision of the Commissioner of Victims' Rights dated 5 December 2017. (2) Remit the matter to the Commissioner of Victims' Rights for redetermination according to law. (3) The defendant to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of delegate of Commissioner of Victims' Rights – statutory compensation – domestic violence – whether the defendant's finding that the plaintiff's psychological injuries were not 'severely disabling' was unreasonable in view of the report of an Authorised Report Writer ("ARW") – whether the defendant's finding that the plaintiff's psychological injuries were not severely disabling was the result of an error of law – whether the defendant unreasonable declined to rely on the ARW's findings – whether the defendant's finding that the plaintiff's psychological injuries were not 'a direct result' of the act of violence was unreasonable – whether the defendant's finding that the plaintiff's psychological injuries were not a 'direct result' of the act of violence was an error of law – legal causation –scope of offenders conduct – whether the defendant's finding that the plaintiff's psychological injuries were not 'a direct result' of the act of violence was a result of an error of law in construing the question of fact to be answered Legislation Cited: Crimes Act 1900 (NSW), ss 4, 59, 61 Uniform Civil Procedure Rules 2005 (NSW), R 59.10 Victims Rights and Support Act 2013 (NSW), cl 5, ss 9, 10, 14, 42, 43, 49 Victims Rights and Support Amendment (Transitional Claims) Regulation 2015 (NSW) Victims Right and Support Regulations 2013 (NSW), cll 16, 19, 20, 21, 27 Victims Support and Rehabilitation Act 1996 (NSW), Sch 1, cll 1, 2, 5, 7A, 51, ss 3, 5, 7, 10, 14, 19A, 65 Cases Cited: Allianz Australian Insurance Limited v GSF Australia Pty Ltd (2005) 221 CLR 568; [2005] HCA 26 Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Comcare v Martinez (No 2) [2013] FCA 439; (2013) 212 FCR 272 Hope v Bathurst City Council (1980) 144 CLR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 92 ALJR 780 House of Pearce Pty Ltd v Bankstown City Council [2000] NSWCA 44; (2000) 48 NSWLR 498 Lee v Showmen's Guild of Great Britain [1952] 2 QB 329 Minister for Immigration and Boarder Protection v SZVFW [2018] HCA 30; (2018) 92 ALJR 713 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Norrie v NSW Registrar of Births, Deaths and Marriages (2013) 84 NSWLR 697; [2013] NSWCA 145 State of New South Wales v Ibbett (2005) 65 NSWLR 168; [2005] NSWCA 445 Victims Compensation Fund Corporation v Ainsworth and Another (2001) 51 NSWLR 466; [2001] NSWCA 92 Texts Cited: American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th ed) The Macquarie Dictionary Category: Principal judgment Parties: Jason Dobbie (Plaintiff) Commissioner of Victims Rights (Defendant) Representation: Counsel: