Matich v Matich

[2006] QDC 196

DISTRICT COURT OF QUEENSLAND

CITATION:

Matich v Matich [2006] QDC 196

PARTIES:

PETER IVAN MATICH

(Applicant)

v

TROY CAMERON MATICH
(Respondent)

FILE NO/S:

D666 of 2005

DIVISION:

Civil Jurisdiction

PROCEEDING:

Application for Criminal Compensation

ORIGINATING COURT:

District Court, Southport

DELIVERED ON:

7 July 2006

DELIVERED AT:

Brisbane

HEARING DATE:

5 June 2006

JUDGE:

Tutt DCJ

ORDER:

The respondent pay to the applicant the sum of $14,250.00 by way of compensation for injuries caused by the respondent to the applicant for which the respondent was convicted by the District Court at Brisbane on 29 November 2002.

CATCHWORDS:

Criminal compensation – assault occasioning bodily harm – “severe bruising” – mental or nervous shock.

Criminal Offence Victims Act 1995 ss. 24, 25(6) and (7) and 31.

Dooley v Ward [2000] QCA 493.

Ferguson v Kazakoff [2000] QSC 156.

SOLICITORS:

Mr C Caldwell as town agent for Reardon & Associates for the applicant.

No appearance for the respondent.

Introduction

1. The applicant, Peter Ivan Matich claims compensation under Part 3 of the Criminal Offence Victims Act 1995 (“the Act”) for alleged bodily injury he sustained arising out of the criminal conduct of the respondent, Troy Cameron Matich, who was convicted by the District Court at Brisbane on 29 November 2002 for the offence of assault occasioning bodily harm to the applicant on 5 December 2001.

1. In accordance with the order for substituted service made by this court on 13 February 2006 the applicant’s solicitors sent a copy of the originating application and supporting affidavit material to the respondent’s last known address and also caused an advertisement to appear in The Courier Mail newspaper on 23 May 2006 to perfect service on the respondent of the material before the court.[1]  Despite those efforts there was no appearance for the respondent at the hearing.

   [1]           See affidavit of Rebecca Margaret Dunlop sworn 30 May 2006 and filed by leave.

1. The application for compensation is made pursuant to s 24 of the Act and is supported by the following material:-

(a)        the affidavit with exhibits of the applicant, sworn 27 July 2005;

(b)        the affidavit with exhibits of Jerzy (George) Stanislaw Domalewski, psychologist, sworn 28 July 2005 and filed 18 November 2005;

(c)        the affidavit with exhibits of Dr Malcolm Wallace, orthopaedic surgeon, sworn 28 July 2005 and filed 18 November 2005; and

(d)        the affidavit with exhibits of Rebecca Margaret Dunlop sworn 30 May 2006 and filed by leave on 5 June 2006.

Facts

1. The respondent (who is the applicant’s son) and his brother Kane attacked the applicant when he returned home on the night of 5 December 2001.  The respondent hit the applicant in the upper right arm with a baseball bat.  The applicant remembers feeling “severe pain to my upper arm” and made it to the stairs of his house when his wife came out to advise that the police had been called. The respondent and his brother then decamped and later the police arrived. 

Injuries

1. The applicant claims compensation for physical injuries…