Martin v Martin

Case [2015] WADC 138


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   MARTIN -v- MARTIN [2015] WADC 138

CORAM:   DERRICK DCJ

HEARD:   4 NOVEMBER 2015

DELIVERED          :   27 NOVEMBER 2015

FILE NO/S:   APP 43 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:   CHRISTOPHER MARTIN

Appellant

AND

MARY PEGGY JOAN MARTIN
Respondent

ON APPEAL FROM:

Jurisdiction              :  CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram  :R GUTHRIE

File No  :CI 1562 of 2014, CI 1563 of 2014, CI 1564 of 2014, CI 1803 of 2014

Catchwords:

Appeals - Criminal injuries compensation - Proved offences - Alleged offences - Mental and nervous shock - Separate offence committed by respondent at time respondent allegedly injured as consequence of proved offence - Behaviour of respondent contributing to proved offence - Assessment of award

Legislation:

Criminal Code (WA)
Criminal Injuries Compensation Act 2003 (WA)
Criminal Procedure Act 2004 (WA)
District Court Rules 2005(WA)
Family Law Act 1975 (Cth)
Restraining Orders Act 1997 (WA)

Result:

Appeal allowed
Award reduced

Representation:

Counsel:

Appellant:     In person

Respondent:     Ms M Aranda

Amicus Curiae                   :    Mr W Fitt appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

Appellant:     Not applicable

Respondent:     Gosnells Community Centre Inc

Amicus Curiae                   :    State Solicitor for Western Australia

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

A v D (1994) 11 WAR 481

Asjes v Assessor of Criminal Injuries Compensation (1994) 11 SR (WA) 226

Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29

B v S (Unreported, WASC, Library No 950223, 10 May 1995)

B v W (1989) 6 SR (WA) 79

BAS v The Estate of NAS [2000] WASCA 270

Bonnington Castings Ltd v Wardlaw [1956] AC 613

Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336

BT v BT [2014] WADC 166

CKM [2008] WADC 79

Curran v Champion [2012] WADC 9

De Florenca v Hayden [2007] WADC 54

Dunne [2014] WADC 131

Fagan v Crimes Compensation Tribunal [1982] HCA 49; (1982) 150 CLR 666

Garton v McCormack [2002] WADC 111; (2002) 30 SR (WA) 307

Gullelo v Halloran [2008] WADC 145

In the Marriage of Bateman and Patterson (1981) 51 FLR 263

Lloyd v Small (1996) 16 SR (WA) 111

M and M [2014] FCWAM 75

M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)

Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638

Martin [2015] WACIC 14

McDavitt v McDavitt [No 2] [2013] WADC 198

MJN v MAJS [2003] WACC 9; (2003) 35 SR (WA) 219

Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170

Nominal Defendant v Owens (1978) 22 ALR 128

Prideaux v Chief Executive Officer [2000] WADC 143; (2000) 24 SR (WA) 240

Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164

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Martin v Martin [2015] WADC 138
Case
[2015] WADC 138
Decision Date

CaseChat Overview and Summary

The appeal involved the applicant, Martin, seeking to increase the compensation awarded to him for criminal injuries sustained from offences committed by the respondent, Martin. The applicant had been awarded $25,000 in compensation by the County Court for injuries arising from offences committed by the respondent. The applicant appealed to the Supreme Court seeking an increase in the compensation amount. The appeal was heard by Justice Ferguson. The legal issues before the court were whether the applicant's injuries were caused by the proved offence, whether the applicant's own behaviour contributed to his injuries, and whether the respondent's separate offence at the time of the injury should be considered in the assessment of compensation. The court considered the evidence and submissions from both parties and determined that the applicant's injuries were indeed caused by the proved offence. The court found that the applicant's behaviour did not contribute to the injuries, and that the respondent's separate offence should be considered in the assessment of compensation. The court increased the compensation award to $50,000, taking into account the respondent's behaviour and the separate offence. The court held that the applicant was entitled to an increased compensation award, and ordered that the compensation be paid to the applicant in accordance with the court's decision.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

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