Dean v Victims Compensation Fund Corporation

[2000] NSWDC 2

New South Wales

District Court

CITATION:	Dean v Victims Compensation Fund Corporation [2000] NSWDC 2
TRIBUNAL:	Victims Compensation Tribunal
PARTIES:	Nathan Peter Dean Victims Compensation Fund Corporation
FILE NUMBER(S):	21 of 1999
CORAM:	Gibb DCJ
CATCHWORDS:	act of violence
LEGISLATION CITED:	Victims Compensation Act 1996 Victims Support and Rehabilitation Act 1996
CASES CITED:
DATES OF HEARING:	20/11/00
DATE OF JUDGMENT:	20 November 2000
LEGAL REPRESENTATIVES:	Mr Stewart Mr Lonergan

JUDGMENT:

DCP077 TMG-C


~20/11/00 2

HER HONOUR: I set aside the determination of the learned Magistrate Tribunal Member, R Gabb, on 21 October 1998.
I remit the matter to be considered and determined by the Tribunal, in particular on the question as to whether there was (a) an act of violence, and (b), on what evidence or on what basis that conclusion was reached.
I note that it is quite likely, on the analysis offered by the appellant and the first instance determination, that the Tribunal may reach the conclusion that it has no evidence which it could accept on which it could find an act of violence.
In the event that the Tribunal finds an act of violence, that needs to be identified precisely, and the basis of that be identified as a condition precedent to the determination of whether and, if so, to what extent any award of compensation should be reduced by reference to the criteria specified in section 30.

Are there any other matters that I need to deal with?

STEWART: I seek an order for costs.

HER HONOUR: Should that be dealt with at the end? It's probably not appropriate to do that, is it? Costs on this appeal would be to your success and the costs of the second is the next round, I think, isn't it, Mr Lonergan?

LONERGAN: I can't say anything about costs on this appeal, but it ultimately has got to go back and be done again.

STEWART: We'd only be seeking costs in this appeal and I don't think there's any argument as to that.

HER HONOUR: In that case, costs of this appeal to the applicant. But all other costs are to be determined by the Tribunal at the Tribunal's unfettered discretion.

oOo