Bursac & Anor v Victims Compensation Tribunal Funds

[2006] HCATrans 554

[2006] HCATrans 554

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S32 of 2006

B e t w e e n -

SIMON BURSAC

First Applicant

MILEWA BURSAC

Second Applicant

and

VICTIMS COMPENSATION TRIBUNAL FUNDS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 5 OCTOBER 2006, AT 9.24 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicants claimed compensation for injuries allegedly sustained in an altercation in 1998 with a neighbouring couple in the home unit block where they lived.  No criminal charges were laid as a result of this altercation.  The Victims’ Compensation Tribunal (“the Tribunal”) declined to grant them compensation on the basis that they had not established that there had been an act of violence and it was not clear how their injuries had been sustained.

The applicants appealed to the District Court, where Sorby DCJ examined the Victims Support and Rehabilitation Act 1996 (NSW) (“the Act”). His Honour concluded that the Tribunal had made a ruling of fact consistent with the evidence it had to consider and that s 39 of the Act allowed an appeal only on questions of law. Sorby DCJ affirmed the Tribunal’s decision on the basis that he could discover no error of law.

An application for leave to appeal to the Court of Appeal was dismissed by Mason P and Santow JA. Their Honours noted that the appeal under the Act to the District Court did not encompass disputes as to the facts and their Honours agreed with the reasoning of Sorby DCJ that there was disclosed no error of law by the Tribunal.

There are no prospects of success on any appeal to this Court from the refusal of leave by the Court of Appeal.  Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Heydon J and myself.

AT 9.26 AM THE MATTER WAS CONCLUDED