JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: BULLEN -v- PINDAN [2023] WADC 154
CORAM: SHEPHERD DCJ
HEARD: 7 DECEMBER 2022, 30 JANUARY & 15 SEPTEMBER 2023 AND WRITTEN SUBMISSIONS DATED 27 NOVEMBER 2022, 26 JANUARY, 27 JUNE 2023 AND 12 DECEMBER 2023 (APPELLANT), 1 DECEMBER 2022 & 12 JULY 2023 (AMICUS)
DELIVERED : 29 FEBRUARY 2024
FILE NO/S: APP 37 of 2022
MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003
BETWEEN: VERNON BULLEN
Appellant
AND
THURSDAY PINDAN
Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: ASSESSOR DEMPSEY & ASSESSOR HAFFORD
File Number : CI 2005-000388 (dj) & CIC 694/2022
Catchwords:
Criminal injury compensation - Appeal - Significant delay - Whether leave for an extension of time to bring application ought to be granted - Exceptional circumstances - Whether the appellant was the victim of a 'proved offence' or of an 'alleged offence: charge not determined' or an 'alleged offence: no person charged' - Matter remitted to assessor to order further reports and to assess quantum for damages
Legislation:
Criminal Code, s 23, s 266
Criminal Injuries Compensation Act 2003 (WA), s 3, s 9, s 12, s 16, s 17, s 55, s 56
Criminal Procedure Act 2004 (WA), s 87
Justices Act 1902 (WA), s 105, s 106, s 107
Result:
Appeal allowed
Matter remitted to the assessor of criminal injuries compensation
Representation:
Counsel:
| Appellant | : | Mr D B Gibbard |
| Respondent | : | No appearance |
| Amicus Curiae | : | Mr C L Arnold appeared on behalf of the Chief Executive Officer of the Department of Justice |
Solicitors:
| Appellant | : | Aboriginal Family Legal Services (subsequently Legal Aid) |
| Respondent | : | Not applicable |
| Amicus Curiae | : | State Solicitor for Western Australia |
Case(s) referred to in decision(s):
Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
BAS v The Estate of NAS (dec) [2000] WASCA 270
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Callaghan v The Queen (1952) 87 CLR 115
Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) [1981] HCA 26; (1981) 147 CLR 297
Gallo v Dawson [1990] HCA 30; (1990) 64 ALJR 458
Gullelo v Halloran [2008] WADC 145
Hansen v Bolton [2017] WADC 25; (2017) 91 SR (WA) 137
Hawke v The State of Western Australia [2017] WASCA 40
Hinchcliffe v Hinchcliffe [2010] WADC 78
Kaporonovski v The Queen (1973) 133 CLR 209
Martin v Martin [2015] WADC 138
MES v KG (1995) 12 SR (WA) 330
Michael v Musk [2004] WASCA 203
Mouritz v the State of Western Australia [2006] WASCA 165
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 110 CLR 445
R v Taiters (1996) 87 A Crim R 507
Re ATS [2017] WADC 92
Re HCM [2018] WADC 20
Re Jackamarra [2014] WADC 9
Re McHenry [2014] WADC 92
Re…
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- AGLC
- Bullen v Pindan [2023] WADC 154
- Case
- [2023] WADC 154
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide were whether the applicant was the victim of a 'proved offence' or of an 'alleged offence: charge not determined' or an 'alleged offence: no person charged', and whether the delay in bringing the application was justified under the exceptional circumstances provision. The court also had to consider the criteria for granting leave for an extension of time and whether the applicant had demonstrated exceptional circumstances warranting an extension.
In its judgment, the court held that the applicant had not demonstrated exceptional circumstances that would justify an extension of time. The court noted that the applicant had not been the victim of a 'proved offence', but rather of an 'alleged offence: no person charged'. The court found that the applicant's delay in bringing the application was not excusable and that the exceptional circumstances criteria were not met. However, the court remitted the matter to the assessor to order further reports and to assess the quantum for damages.
The final orders of the court were that leave to extend time to bring the application for criminal injury compensation be refused, and that the matter be remitted to the assessor to order further reports and to assess the quantum for damages.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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