SUPREME COURT OF QUEENSLAND
CITATION:
PAJ v AAK [2010] QCA 78
PARTIES:
PAJ
(plaintiff/applicant)
v
AAK
(defendant/respondent)
ATTORNEY-GENERAL OF QUEENSLAND
(intervenor)FILE NO/S:
Appeal No 10373 of 2009
DC No 160 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave s118 DCA (Civil)
ORIGINATING COURT:
District Court at Maroochydore
DELIVERED ON:
1 April 2010
DELIVERED AT:
Brisbane
HEARING DATE:
12 March 2010
JUDGES:
McMurdo P, Muir and Chesterman JJA
Separate reasons for judgment of each member of the Court; each concurring as to the orders made.ORDERS:
1.Application to adduce further evidence refused.
2. Application for leave to appeal refused.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – ADMISSION OF FRESH EVIDENCE – IN GENERAL – applicant sought leave to adduce further evidence from psychologist expanding on evidence at primary hearing – nothing to show respondent received material – further evidence was available at primary hearing – whether the interests of justice require the refusal of the application to adduce further evidence
EVIDENCE – AFFIDAVITS AND STATUTORY DECLARATIONS – AFFIDAVITS – USE OF AFFIDAVITS – WHEN MAY BE USED IN GENERAL – applicant in the originating application read an affidavit containing psychologist's report – applicant did not read or rely on this affidavit at the primary hearing – whether primary judge erred in having regard to psychologist's report
CRIMINAL LAW – PROCEDURE – CRIMINAL INJURIES COMPENSATION – AMOUNT AND CONDUCT OFFENDING - applicant suffered mental or nervous shock injuries compensable under Criminal Offence Victims Act 1995 (Qld), s 20 as a result of the respondent's sexual offending – whether the primary judge failed to act on or give proper effect to the evidence – whether applicant also suffered discrete adverse impacts under reg 1A(2) of the Criminal Offence Victims Regulation 1995 (Qld) – whether primary judge erred in finding that the applicant could not establish that the adverse impacts were not a part of the applicant's s 20 injuries
Criminal Offence Victims Act 1995 (Qld) (repealed), s 20
Criminal Offence Victims Regulation 1995 (Qld) (repealed), reg 1AAT v FG[2004] QCA 295, considered
Elford v FAI General Insurance Company Ltd [1994] 1 Qd R 258; [1992] QCA 41, citedMuirfield Properties Pty Ltd v Erik Kolle & Associates [1988] VR 167, considered
R v Kazakoff; ex parte Ferguson [2001] 2 Qd R 320; [2000] QSC 156, citedCOUNSEL:
T Kimmins, with Y Chekirova, for the applicant
No appearance by the respondent, the respondent's submissions were heard on the papers
M D Hinson SC for the intervenorSOLICITORS:
Bennett & Philip Lawyers for the applicant
No appearance for the respondent
Crown Solicitor for the intervenor
McMURDO P: The respondent, the applicant's former stepfather, was convicted after a trial of one count of maintaining an unlawful relationship of a sexual nature with the applicant, with the circumstances of aggravation that the applicant was under 12 years and that in the course of that relationship the respondent raped her; six counts of indecently dealing with…
Continue reading PAJ v AAK
Sign in free to access the full text
- AGLC
- PAJ v AAK [2010] QCA 78
- Case
- [2010] QCA 78
- Decision Date
CaseChat Overview and Summary
The court considered whether the interests of justice required refusal of the application to adduce further evidence from the psychologist. The court noted that the further evidence was available at the primary hearing, and there was no evidence that the respondent had not received the material. The court also considered whether the primary judge erred in having regard to the psychologist's report, which was read in the originating application but not relied upon at the primary hearing. The court concluded that there was no error in the primary judge's consideration of the report.
The Court of Appeal refused PAJ's application to adduce further evidence, and her application for leave to appeal. The court held that the interests of justice did not require the admission of the further evidence, as it was available at the primary hearing. The court also held that there was no error in the primary judge's consideration of the psychologist's report. Therefore, the appeal was dismissed, and PAJ's application for compensation was denied.
Orders
Orders of the court
1.Application to adduce further evidence refused.
2. Application for leave to appeal refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.