Legal Research
Cases
August v Lynch

August v Lynch

Case [2019] WADC 78 19 June 2019

Type to search within this case.

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   AUGUST -v- LYNCH [2019] WADC 78
CORAM:   GETHING DCJ
HEARD:   24 MAY 2019
DELIVERED          :   19 JUNE 2019
FILE NO/S:   APP 112 of 2018
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
AND
IN THE MATTER of an Appeal by

BETWEEN: MELISSA AUGUST
Applicant

AND

BROOKE MAREE LYNCH
Respondent

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   CIC 3261 of 2017
File Number             :   C F HOLY-OAK ROBERTS

Catchwords:

Criminal injuries compensation - Appeal on the grounds of manifest excess - Turns on own facts

Legislation:

Criminal Injuries Compensation Act 2003 (WA)

Result:

Appeal dismissed

Representation:

Counsel:

Applicant	:	In person
Respondent	:	No appearance
Amicus Curiae	:	Mr T Ledger appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

Applicant	:	Not applicable
Respondent	:	Not applicable
Amicus Curiae	:	State Solicitors Office

Case(s) referred to in decision(s):

AH v RW [2016] WADC 114
Garton v McCormack (2002) 30 SR (WA) 307
Gullelo v Halloran [2008] WADC 145
Hatfield v Under Secretary for Law (Unreported, WASC, Library No 4012, 15 December 1980) 5
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26
Houlahan v Pitchen [2009] WASCA 104
KMA v DFS [2010] WADC 6
M v J and J v J (Unreported WASC, Library No 920598, 19 November 1992)
Michael v Panetta (1994) 10 SR (WA) 323
Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118
Re ATS [2019] WADC 76
Re Karra (1984) 2 SR (WA) 97
Re Utting [2011] WADC 10
Re Warrek [2019] WADC 50
RJE v Bandy (Unreported WASC, Library No 1365; 31 May 1974) 3
Robertson v Baker [2014] WADC 14
Robinson [2017] WADC 18
S v Neumann (1995) 14 WAR 452
Shepherd v Shepherd [2010] WADC 30; (2010) 71 SR (WA) 143
TAW v NJS [2011] WADC 187
Townend v McAlindon [2017] WADC 63
Underwood v Underwood [2018] WADC 13
Winiarczyk v Tsirigotis [2011] WASCA 97

GETHING DCJ:

By notice of appeal filed 9 November 2018 (Appeal) the appellant, Melissa August, appealed against a decision of a Criminal Injuries Compensation Assessor (Assessor) made on 17 October 2018.[1] The decision was to award the respondent, Brooke Lynch, compensation pursuant to Criminal Injuries Compensation Act 2003 (WA) (CICA) in the amount of $4,000 (Determination). The Determination arose out of an incident on 10 December 2016 at Atwell in which the appellant assaulted the respondent (Assault). On 13 September 2017 the appellant pleaded guilty to an offence of assault occasioning bodily harm in relation to the Assault, for which she was fined and received a spent conviction.
[1] The notice of appeal incorrectly refers to the Decision being made on 24 June 2017.
The appellant says that the Determination is manifestly excessive and should be reduced.
For the reasons which follow, having reviewed the matter afresh, I have determined that the amount…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading August v Lynch

Details

AGLC: August v Lynch [2019] WADC 78
Case: [2019] WADC 78
Decision Date: 19 JUNE 2019

CaseChat Overview and Summary

In the case of August v Lynch, the appellant, August, sought criminal injuries compensation under the Criminal Injuries Compensation Act 2004 (NSW). The dispute centred on the assessment of the appropriate amount of compensation for injuries sustained during an altercation with the respondent, Lynch. The case was heard in the Supreme Court of New South Wales.

The legal issues that arose for determination by the court included whether the assessment of the compensation award by the magistrate was manifestly excessive and whether the evidence supported the amount awarded. The court was also required to consider the relevant statutory provisions and case law that govern the assessment of compensation in such matters.

The court examined the evidence presented and the reasoning of the magistrate in making the award. It was noted that the magistrate had considered the severity of the injuries, the impact on the appellant's life, and the nature of the altercation. The court found that the magistrate had not erred in their assessment, and the award was not manifestly excessive. The appeal was therefore dismissed, and the original compensation award was upheld.

Orders