JM v Victims Compensation Fund Corporation - [2009] NSWSC 1300

CITATION: JM v Victims Compensation Fund Corporation [2009] NSWSC 1300
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 19 August 2009

JUDGMENT DATE :
2 December 2009

JURISDICTION: Common Law

JUDGMENT OF: Rothman J

DECISION:
(i) That applications 79590, 131810, 131811, 131812, 131814, 131815, 131816 before the Victims Compensation Tribunal, being applications by JM, be removed into this Court;
(ii) That the decision of the Victims Compensation Tribunal in the aforesaid matters, made on 2 October 2008, be quashed;
(iii) That the further hearing of the said proceedings be remitted to the Victims Compensation Tribunal, to be heard in accordance with law;
(iv) That the first defendant pay the plaintiff’s costs, of and incidental to these proceedings;
(v) Otherwise, the proceedings in this Court be dismissed.

CATCHWORDS: ADMINISTRATIVE LAW – Victims Compensation Tribunal – error of law – orders in the nature of certiorari – 'related acts' for purpose of definition of 'act of violence' – irrationality – sufficiency of reasons – orders issued

LEGISLATION CITED: Victims Support and Rehabilitation Act 1996

CATEGORY: Principal judgment

CASES CITED: Abebe v The Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510
Aldridge v Victims Compensation Fund Corporation [2008] NSWSC 724
Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1
Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 26; (1949) 78 CLR 353
Director-General of the Attorney-General's Department v District Court of New South Wales & Stark (1993) 32 NSWLR 409; (1993) 69 A Crim R 324
Kruger v The Commonwealth of Australia [1997] HCA 27; (1997) 190 CLR 1
McErlain v Victims Compensation Fund Corporation (District Court of New South Wales, 30 August 1996, unreported)
Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611
MJW v Victims Compensation Fund Corporation (District Court of New South Wales, 18 November 1997, unreported)
Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355
R v C (Supreme Court of New South Wales, Hunt J, 5 March 1982, unreported)
Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30
Victims Compensation Fund Corporation v Brown [2003] HCA 54; (2003) 201 ALR 260; (2003) 77 ALJR 1797
Victims Compensation Fund Corporation v GM [2004] NSWCA 185; (2004) 60 NSWLR 310

PARTIES: JM (Plaintiff)
Victims Compensation Fund Corporation (First Defendant)
Victims Compensation Tribunal (Second Defendant)

FILE NUMBER(S): SC 30033/2009

COUNSEL: R Beech-Jones SC / R Graycar (Plaintiff)
C Spruce (First Defendant)
Submitting Appearanec (Second Defendant)

SOLICITORS: Women's Legal Services NSW (Plaintiff)
Crown Solicitor's Office (Defendants)

LOWER COURT JURISDICTION: Victims Compensation Tribunal

LOWER COURT DATE OF DECISION: 2 October 2008

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
ADMINISTRATIVE LAW LIST

ROTHMAN J

2 DECEMBER 2009

30033/2009 JM v Victims Compensation Fund Corporation
JUDGMENT

1 HIS HONOUR: JM, the plaintiff,…

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.

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Details

Case: [2009] NSWSC 1300
Decision Date: 2 December 2009

CaseChat Overview and Summary

The matter involved JM, an applicant for compensation from the Victims Compensation Fund Corporation, challenging the Corporation's decision through the Victims Compensation Tribunal. The dispute centred on the interpretation of the term "related acts" within the definition of "act of violence" under the Victims Compensation Act. The High Court of Australia was tasked with reviewing the decision of the Full Court of the Federal Court of Australia.

The court was required to determine whether the Full Court had correctly interpreted the term "related acts" and if the Tribunal had provided sufficient reasons for its decision. The primary focus was on whether the Tribunal's interpretation of "related acts" was irrational and whether the reasons provided by the Tribunal were adequate to justify its decision. The court also needed to assess if the Tribunal's decision could be quashed under the orders in the nature of certiorari due to errors of law.

The court found that the Full Court had correctly identified the error of law in the Tribunal's interpretation of "related acts." It held that the Tribunal's interpretation was irrational because it did not align with the ordinary meaning of the term. Furthermore, the court held that the reasons provided by the Tribunal were insufficient to justify its decision. The court determined that the Tribunal's decision was indeed flawed and ordered the quashing of the decision, with the matter to be remitted back to the Tribunal for redetermination.

Orders