Martin v Faiva

[2010] QDC 225

DISTRICT COURT OF QUEENSLAND

CITATION:

Martin v Faiva [2010] QDC 225

PARTIES:

DARYL JOHN MARTIN

(Applicant)

v

JULIUS NUILALA FAIVA

(Respondent)

FILE NO/S:

BD 3264 of 2009

DIVISION:

Civil

PROCEEDING:

Criminal Compensation

ORIGINATING COURT:

Brisbane

DELIVERED ON:

10 March 2010

DELIVERED AT:

Brisbane

HEARING DATE:

24 February 2010

JUDGE:

Dorney QC DCJ

ORDER:

1.That the Respondent pay to the Applicant, as compensation for injuries sustained as a result of the offence of grievous bodily harm which led to the conviction of the Respondent on 11 December 2006 upon indictment in the District Court of Queensland, the sum of $35,250.00.          

CATCHWORDS:

Application for Criminal Compensation

Uniform Civil Procedure Rules, rr 99, 110

Criminal Offence Victims Act (1995), ss 21, 22, 22(4), 24(2), 25, 25(7), 30(3)

Public Trustee Act 1978, s 90

Victims of Crime Assistance Act (2009), ss 154, 155

Dooley v Ward [2000] QCA 493

RMC v NAC [2009] QSC 149

Saunders v Hindley [2010] QDC 9 at [19]

Zaicov v Jones [2001] QCA 442

COUNSEL:

T. O’Connor for the Applicant

SOLICITORS:

Gabriel Ruddy and Garret Solicitors for the Applicant

Introduction

1. The Originating Application in this proceeding was filed on 17 November 2009.  It seeks primarily an order that the Respondent pay to the Applicant such sum by way of compensation as may be determined by the District Court for injuries suffered as a result of an offence which led to a conviction of the Respondent on 11 December 2006 upon indictment.

1. The application was served on the Respondent by leaving the relevant document with Mr Alan Preston, Correctional Supervisor, at the Woodford Correctional Centre.

1. I was concerned when this application came on for hearing on 24 February 2010 as to whether such service was effective given the terms of rule 99 and rule 110 of the Uniform Civil Procedure Rules and ss 90 and following of the Public Trustee Act 1978. As a result of those concerns the Applicant has caused to be filed by way of supplementary submissions, with an attached letter, information that Mr Preston has been delegated by the officer-in-charge to accept the service of legal process on behalf of prisoners, and that this is a normal part of his duties. In addition, those submissions contain a copy of an affidavit of Timothy Feely sworn 25 February 2010 stating that the Public Trustee of Queensland has received written confirmation from the Respondent who confirms that he was served with copies of all relevant material and that the Public Trustee had advice in writing that he wished to take no part in the proceeding for criminal compensation. Since s 30(3) of the Criminal Offence Victims Act 1995 (“the Act”) permits the court, on such an application as this, to receive information “in any form the court considers appropriate”, the court has received the above referred to information and, accordingly, is satisfied that appropriate service has been effected.  In any event, I have recently had drawn to my attention an affidavit filed under the wrong proceeding…