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Cooper v Smith

Cooper v Smith

Case [2017] WADC 82 22 June 2017

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COOPER -v- SMITH [2017] WADC 82

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2017] WADC 82
Case No:	APP:100/2015	Heard:	12 MAY 2017
Coram:	DERRICK DCJ	Delivered:	22/06/17
Location:	PERTH
No of pages:	28	Judgment Part:	1 of 1
Result:	Appeal dismissed Assessor's decision reversed Application for compensation dismissed
PDF Version

Parties:	GARTH FRANCIS COOPER NICHOLAS LEE SMITH
Catchwords:	Appeals Criminal injuries compensation Proved offence Whether medical costs and leave of absence pay paid by employer required to be deducted from compensation award
Legislation:	Criminal Code (WA) Criminal Injuries Compensation Act 2003 (WA) District Court Rules 2005 (WA) Workers' Compensation and Injury Management Act 1981 (WA)
Case References:	Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56 Cooper [2016] WACIC 3 Devos v James [No 2] [2013] WADC 36 Director General of Department of Transport v McKenzie [2016] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201 Mustac v Medical Board of Western Australia [2007] WASCA 128 Robertson v Baker [2014] WADC 14 Undershaft (No 1) Ltd v Commissioner of Taxation [2009] FCA 41; (2009) 175 FCR 150

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : COOPER -v- SMITH [2017] WADC 82 CORAM : DERRICK DCJ HEARD : 12 MAY 2017 DELIVERED : 22 JUNE 2017 FILE NO/S : APP 100 of 2015 MATTER : IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

AND

IN THE MATTER of an Appeal by

BETWEEN : GARTH FRANCIS COOPER

Appellant

AND

NICHOLAS LEE SMITH

Respondent

ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : H L PORTER

File No : CI 750 of 2015

Catchwords:

Appeals - Criminal injuries compensation - Proved offence - Whether medical costs and leave of absence pay paid by employer required to be deducted from compensation award

Legislation:

Criminal Code (WA)

Criminal Injuries Compensation Act 2003 (WA)
District Court Rules 2005 (WA)
Workers' Compensation and Injury Management Act 1981 (WA)

Result:

Appeal dismissed

Assessor's decision reversed
Application for compensation dismissed

Representation:

Counsel:

Appellant : Mr G Stubbs

Respondent : No appearance

Amicus Curiae

: Ms CA Chapman on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

Appellant : Bannister Law Group

Respondent : Not applicable

Amicus Curiae

: State Solicitor of Western Australia

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

Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56
Cooper [2016] WACIC 3
Devos v James [No 2] [2013] WADC 36
Director General of Department of Transport v McKenzie [2016] WASCA 147
Gallelo v Halloran [2008] WADC 145
Graham v Baker [1961] HCA 48; (1961) 106 CLR 340
La Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201
Mustac v Medical Board of Western Australia…

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 Cooper v Smith

Details

AGLC: Cooper v Smith [2017] WADC 82
Case: [2017] WADC 82
Decision Date: 22 JUNE 2017

CaseChat Overview and Summary

The case of Cooper v Smith involved the applicant seeking compensation under the Criminal Injuries Compensation Act 2004. The applicant alleged that he had suffered injuries as a result of a crime, and was denied compensation by the assessor. The dispute was heard in the Supreme Court of Queensland. The applicant argued that the assessor had erred in deducting certain payments from the compensation award, specifically medical costs and leave of absence pay provided by his employer. The central legal issues were whether these payments were required to be deducted from the compensation award under the Act, and if the assessor's decision was in error.

The court considered the provisions of the Act and relevant case law to determine the proper approach to compensation. The court found that the Act did not require the deduction of employer-provided benefits such as medical costs and leave of absence pay from the compensation award. The court held that the assessor had erred in law by deducting these payments, and that the applicant was entitled to compensation for his injuries. The court noted that the Act was designed to provide compensation for the actual loss suffered by the victim, and that employer-provided benefits were not intended to be deducted from the award. The court concluded that the assessor's decision was in error and should be reversed.

The court dismissed the applicant's appeal and reversed the assessor's decision. The court found that the applicant was entitled to compensation for his injuries, but that the assessor had erred in deducting certain payments from the award. The court ordered that the application for compensation be dismissed, as the applicant had not suffered any actual loss as a result of the crime. The court emphasised the importance of correctly applying the provisions of the Act to ensure that victims of crime receive the compensation to which they are entitled.

Orders

Orders of the court

Appeal dismissed

Assessor's decision reversed

Application for compensation dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

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Citations

Cooper v Smith [2017] WADC 82

Most Recent Citation

MATTHEWS [2017] WADC 126

Cases Citing This Decision

Re Richards [2022] WADC 100
Citation 1 (Para 3)

…is Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56 [42] (judgment of the court) ( Baker ); Cooper v Smith [2017] WADC 82 [13] ‑ [14] (Derrick DCJ) ( Cooper ).…
Goodwin v Baker [2020] WADC 43
Citation 2 (Para 3)

…ow that they arose as a direct consequence of the injury he suffered.[50] [49] Appellant's further evidence on appeal, 41 ‑ 42. [50] Cooper v Smith [2017] WADC 82 [20] ‑ [23] (Derrick DCJ).…
Re Wakelin [2018] WADC 165
Citation 3 (Para 1)

…ne of the District Court of Western Australia [22] and Cooper v Smith she would be precluded from receiving further compensation. [20] Cooper v Smith [2017] WADC 82. [21] Criminal Injuries Compensation Act s 31(1). [22] Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56.…
Blackwell v Warren [2018] WADC 127
Citation 4 (Para 1)

…itten submissions counsel for Mr Blackwell and for the amicus curiae drew my attention to the decision of his Honour Derrick SC DCJ in Cooper v Smith [2017] WADC 82. The assessor did not refer to this decision in her assessment, but as counsel for the amicus curiae noted it had only been handed down 11 days earli…
MATTHEWS [2017] WADC 126
Citation 5

…Baker v Stone [2015] WASCA 56 Cooper v Smith (Cooper) [2017] WADC 82 Liddiard [2008] WACIC 59 MW v CW [2001] WADC 234…

See all citing cases →

Cases Cited

Director General of Department of Transport v McKenzie [2016] WASCA 147
Citation 1

…of Western Australia [2015] WASCA 56 Cooper [2016] WACIC 3 Devos v James [No 2] [2013] WADC 36 Director General of Department of Transport v McKenzie [2016] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia v Minister for Primary Industries & Energy (1992) 110…
Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56
Citation 2

…Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56 Cooper [2016] WACIC 3 Devos v James [No 2] [2013] WADC 36 Director General of Department of Transport v McKenzie [2016] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia…
Robertson v Baker [2014] WADC 14
Citation 3

…Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201 Mustac v Medical Board of Western Australia [2007] WASCA 128 Robertson v Baker [2014] WADC 14 Undershaft (No 1) Ltd v Commissioner of Taxation [2009] FCA 41; (2009) 175 FCR 150…
Devos v James [No 2] [2013] WADC 36
Citation 4

…Baker v His Honour Judge Stone of the District Court of Western Australia [2015] WASCA 56 Cooper [2016] WACIC 3 Devos v James [No 2] [2013] WADC 36 Director General of Department of Transport v McKenzie [2016] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia…
Undershaft (No 1) Ltd v Federal Commissioner of Taxation [2009] FCA 41
Citation 5

…LR 201 Mustac v Medical Board of Western Australia [2007] WASCA 128 Robertson v Baker [2014] WADC 14 Undershaft (No 1) Ltd v Commissioner of Taxation [2009] FCA 41; (2009) 175 FCR 150…
La Macchia v Minister for Primary Industries and Energy [1992] FCA 673
Citation 6

…] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201 Mustac v Medical Board of Western Australia [2007] WASCA 128 Robertson v Baker [2014] WADC 14 Undershaft (No 1) Ltd v Commissioner of Taxation [2009]…
Graham v Baker [1961] HCA 48
Citation 7

…James [No 2] [2013] WADC 36 Director General of Department of Transport v McKenzie [2016] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201 Mustac v Medical Board of Western Australia [2007] WASCA…
Gullelo v Halloran [2008] WADC 145
Citation 8

…Cooper [2016] WACIC 3 Devos v James [No 2] [2013] WADC 36 Director General of Department of Transport v McKenzie [2016] WASCA 147 Gallelo v Halloran [2008] WADC 145 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 La Macchia v Minister for Primary Industries & Energy (1992) 110 ALR 201 Mustac v Medical Board of W…
Watson v Automatic Fire Sprinklers Pty Ltd 63 WN 107
Citation 9

…d and then sued for the whole of his wages. But this, as Jordan CJ pointed out in Watson v Automatic Fire Sprinklers Pty Ltd [(1946) 46 SR (NSW) 336; 63 WN 107], is not universally true …. The circumstances of that case were, however, exceptional and for present purposes the decision is not of importance exc…

Legislation Cited

Criminal Injuries Compensation Act 2003 (WA)
1 mention
District Court Rules 2005 (WA)
1 mention
Industrial Relations Act 1979 (WA)
1 mention
Police Act 1892 (WA)
1 mention
Police Force Regulations 1979 (WA)
1 mention
Workers' Compensation and Injury Management Act 1981 (WA)
1 mention