McDavitt v McDavitt [No 2]

Case [2013] WADC 198


MCDAVITT -v- MCDAVITT [No 2] [2013] WADC 198
Last Update:  09/01/2014
MCDAVITT -v- MCDAVITT [No 2] [2013] WADC 198
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2013] WADC 198
Case No: APP:32/2010   Heard: 30 AUGUST 2013
Coram: DAVIS DCJ   Delivered: 20/12/2013
Location: PERTH   Supplementary Decision:
No of Pages: 46   Judgment Part: 1 of 1
Result: Compensation order in favour of appellant in the sum of $24,776.95
[Click here for Judgment in Adobe Acrobat Format ]
On Appeal from:
Jurisdiction: CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: H L PORTER
File Number: CI 1367 of 2009
Parties: SHARYN ROSE MCDAVITT
TIMOTHY O'REGAN MCDAVITT

Catchwords: Criminal injuries compensation Assessment of compensation
Legislation: Criminal Injuries Compensation Act 2003 s 41

Case References: A v D (1994) 11 WAR 481
Attorney General for Western Australia v Her Honour Judge Schoombee [2012] WASCA 29
B v W (1989) 6 SR (WA) 79
CKM [2008] WADC 79
Curnow v Garnant [2012] WADC 72
Deputy Commissioner of Taxation v Clark (2003) 57 NSWLR 113
DNA v Britten (1995) 14 SR (WA) 325
Fagan v Crimes Compensation Tribunal (1982) 150 CLR 666
Gabrial v Kyanga [2011] WADC 218
Garton v McCormack [2002] WADC 111; (2002) 30 SR (WA) 307
Hatfield v Under Secretary for Law (Unreported, WASC, Library No 4012, 15 December 1980)
Hayward v Hart [2012] WADC 151
JLW v DRH [2004] WADC 214; (2004) 36 SR (WA) 301
JY [2013] WADC 187
Krukiewicz v Hayes [2004] WADC 242
M v J, J v J (Unreported, WASC, Library No 920598, 19 November 1992)
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Malec v J C Hutton Pty Ltd (1990) 169 CLR 638
Mattinson v Multiplo Incubator Pty Ltd [1997] 1 NSWLR 368
McDavitt v McDavitt [2013] WADC 22
MJN v MAJS (2003) 35 SR (WA) 219
Pepper v Attorney General [2008] 2 Qd R 353
Pollock v Wellington (1996) 15 WAR 1
Pownall v Conlan Management Pty Ltd (1995) 12 WAR 370
Purkess v Crittenden (1965) 114 CLR 164
Re Faengsungnoen [2012] WADC 59
Re Krispyn [2011] WADC 161
Reed v Assessor Criminal Injuries Compensation (Unreported, WADC, Library No 970170, 5 June 1997)
RJE v Bandy (Unreported WASC, Library No 5489, 31 May 1974)
S v Neumann (1995) 14 WAR 452
Shepherd v Shepherd [2010] WADC 30
SW v BB [2010] WADC 86
Undershaft (No 1) Ltd v Commissioner of Taxation [2009] FCA 41; (2009) 175 FCR 150
Vaatuitui v Hall [2005] WADC 240
Wilson v Peisley (1975) 50 ALJR 207



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : MCDAVITT -v- MCDAVITT [No 2] [2013] WADC 198 CORAM : DAVIS DCJ HEARD : 30 AUGUST 2013 DELIVERED : 20 DECEMBER 2013 FILE NO/S : APP 32 of 2010 BETWEEN : SHARYN ROSE MCDAVITT
                  Appellant

                  AND

                  TIMOTHY O'REGAN MCDAVITT
                  Respondent


ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : H L PORTER

File No : CI 1367 of 2009

Catchwords:

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Details
AGLC
MCDAVITT -v- MCDAVITT [No 2] [2013] WADC 198
Case
[2013] WADC 198
Decision Date

CaseChat Overview and Summary

The Court of Appeal heard an appeal from a decision regarding criminal injuries compensation, where the appellant sought a higher assessment of compensation. The case involved a dispute between the appellant, McDavitt, and the respondent, also McDavitt, concerning the amount of compensation awarded for injuries sustained due to a criminal act. The matter was brought before the Court of Appeal to review the assessment of compensation granted to the appellant.

The central legal issue before the court was whether the original assessment of compensation was appropriate, given the nature and extent of the injuries suffered by the appellant. The court was required to consider whether the lower court had properly applied the relevant statutory criteria and principles in determining the compensation amount. This included assessing the impact of the injuries on the appellant's health, well-being, and ability to work, as well as the financial implications of the injuries.

The court undertook a detailed review of the evidence and the original assessment process. It found that the lower court had not adequately considered all the relevant factors in its assessment, leading to an underestimation of the compensation due. The court emphasised the importance of a thorough evaluation of the injuries and their long-term effects in such compensation matters. Based on this reasoning, the Court of Appeal concluded that the appellant was entitled to a higher amount of compensation and ordered the respondent to pay $24,776.95 to the appellant.

Orders

Orders of the court

Compensation order in favour of appellant in the sum of $24,776.95

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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