JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL
LOCATION: PERTH
CITATION: HUTCHINGS -v- LACHLAN [2012] WADC 89
CORAM: COMMISSIONER GETHING
HEARD: 25 MAY 2012
DELIVERED : 19 JUNE 2012
FILE NO/S: APP 57 of 2010
BETWEEN: AARON JOHN HUTCHINGS
Appellant
AND
MICHAEL JAMES LACHLAN
Respondent
ON APPEAL FROM:
Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram :H L PORTER
File No :CI 1392 of 2009
Appeal Result : Compensation awarded
Catchwords:
Criminal injuries compensation - Proved offence - Alleged offence by claimant - Conduct of claimant said to make award of damages unjust
Legislation:
Criminal Injuries Compensation Act 2004 (WA) s 39, s 41
Liquor Control Act 1988 (WA) s 115
Result:
Appeal dismissed and award affirmed
Representation:
Counsel:
Appellant: Mr A Monisse
Respondent: Mr D I Connor
Amicus Curiae : Ms L A Eddy
Solicitors:
Appellant: Stephen McGrath
Respondent: Hoffmans
Amicus Curiae : State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
Attorney-General (WA) v Schoombee [2012] WASCA 29
Baker v Assessor of Criminal Injuries Compensation (1998) 20 SR (WA) 377
Bodney v Assessor of Criminal Injuries Compensation [2000] WADC 214
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Executive Director of Health v Lily Creek International Pty Ltd (2000) 22 WAR 510
G v H [1994] HCA 48; (1994) 181 CLR 387
Gullelo v Halloran [2008] WADC 145
Hinchcliffe v Hinchcliffe [2010] 78
Hondros, Re [1973] WAR 1
Husher v Husher [1999] HCA 47; (1999) 197 CLR 138, 143
Lachlan [2010] WACIC 28
Lanyon v Northern Territory of Australia [2002] NTSC 6
Lloyd v Small (1996) 16 SR(WA) 111
Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352
M v J and J v J (Unreported WASC (Scott J), Library No 920598, 19 November 1992)
Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1
MES v KG (1995) 12 SR (WA) 330
Montemaggiori v Wilson [2011] WASCA 177
Mulcahy [2010] WACIC 35
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170
Nominal Defendant v Owens (1979) 22 ALR 128
Re Richardson [2009] WADC 93
Re Utting [2011] WADC 10
RJE v Bandy (Unreported WASC (Burt J); Library No 1365; 31 May 1974)
S v Neumann (1995) 14 WAR 452
Scott v Kevill (2002) 28 SR (WA) 226
Tilbury, Re [2010] WADC 46
COMMISSIONER GETHING:
Introduction
By notice of appeal dated 3 August 2010 the appellant appealed against an award of criminal injuries compensation made on 13 July 2010 by the Chief Assessor (Assessor). The decision of the Assessor is reported as Lachlan [2010] WACIC 28. The…
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- AGLC
- Hutchings v Lachlan [2012] WADC 89
- Case
- [2012] WADC 89
- Decision Date
CaseChat Overview and Summary
The High Court examined the relevant statutory provisions and case law to determine the appropriate approach to the claimant's eligibility for compensation. The court held that the key issue was whether the claimant's conduct was so closely connected to the incident that it would be unjust to award him compensation. The court noted that the relevant legislation did not explicitly address this issue, but that it could be inferred from the overall purpose of the compensation scheme. The court concluded that the claimant's conduct did not preclude him from receiving compensation, as it was not so closely connected to the incident as to make it unjust to award him compensation.
The court's decision was based on a careful analysis of the relevant statutory provisions and case law. The court held that the claimant's conduct did not render it unjust to award him compensation, as it was not so closely connected to the incident as to preclude him from receiving compensation. The court also noted that the compensation scheme was designed to provide relief to victims of crime, and that the claimant's involvement in the incident did not negate his status as a victim. The court's decision provides important guidance for practitioners dealing with criminal injuries compensation claims, particularly where the claimant may have been involved in the incident that led to their injuries.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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