BDJ v Victims Compensation Fund Corporation (No 2)

In the case of BDJ v Victims Compensation Fund Corporation (No 2), the applicant sought compensation from the Victims Compensation Fund Corporation for injuries sustained due to an act of violence. The dispute involved the determination of whether the injuries constituted a compensable injury and if there was any financial loss warranting compensation. The case was heard in the court, which had to decide on the legal issues concerning the nature of the injuries and the eligibility for compensation under the relevant statutes.

The primary legal issue before the court was whether the applicant's injuries constituted "serious bodily injury" as defined in the legislation. Additionally, the court had to assess the financial loss, if any, that the applicant suffered due to the act of violence. The applicant sought to introduce fresh evidence to support their claim, which was not considered in the original assessment. The court had to decide whether this new evidence was admissible and if it warranted a reconsideration of the decision.

The court examined the evidence presented, including the fresh evidence introduced by the applicant. It was determined that the injuries sustained by the applicant were indeed serious bodily injuries, thus affirming the compensation assessor's decision in respect of compensable injury. However, the court found that the financial loss award was not supported by the evidence and set it aside. The court then proceeded to make an award for financial loss based on the evidence presented. The court noted the previous order regarding costs and made no further order on that matter.

In summary, the court affirmed the compensable injury award but set aside the financial loss award, making a new award for financial loss based on the evidence provided. The decision reflects the court's careful consideration of the statutory definitions and the new evidence presented by the applicant.