Re Branch

Case [2024] WADC 41


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   RE BRANCH [2024] WADC 41

CORAM:   RITTER DCJ

HEARD:   21 MARCH 2024

DELIVERED          :   5 JUNE 2024

FILE NO/S:   APP 26 of 2023

MATTER: IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

AND

IN THE MATTER of an Appeal by

BETWEEN:   TODD RONALD BRANCH

Appellant

ON APPEAL FROM:

Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram:   R GUTHRIE

File Number            :   CIC 373/2023


Catchwords:

Criminal injuries compensation - Appeal - Mental and nervous shock - Loss of future earning capacity

Legislation:

Criminal Code (WA)
Criminal Injuries (Compensation) Act 1970 (WA)
Criminal Injuries Compensation Act 2003 (WA)
Spent Convictions Act 1988 (WA)

Result:

Appeal allowed

Representation:

Counsel:

Appellant :

Mr J N Trigg

Amicus Curiae : Mr T P Boyle appeared on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant :

Stephen Browne Lawyers (South Perth)

Amicus Curiae : State Solicitor for Western Australia

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

A v D (1994) 11 WAR 481

August v Lynch [2019] WADC 78

BAS v The Estate of NAS (dec) [2000] WASCA 270

Blackwell v Warren [2018] WADC 127

Bothma v Hildebrand [2019] WADC 92

Brocx v Mounsey [2010] WASCA 196

Caldwell v Caldwell [1996] NSWCA 88

Chen by her tutor Huang v Kmart Australia Ltd [2023] NSWCA 96

Dimitrovska v The State of Western Australia [2015] WASCA 162; (2015) 253 A Crim R 407

Director of Public Prosecutions (Vic) v Sokaluk [2013] VSCA 48

EB v Ramljak [2021] WADC 134

Husher v Husher [1999] HCA 47; (1999) 197 CLR 138

Kittelty v Davies [2011] WADC 1

Klimoski v Water Authority of Western Australia (1989) 5 SR (WA) 148

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

Madigan v XYZ [2022] WADC 123

Martin v Martin [2015] WADC 138

MDC v BLR [2015] WADC 107

Nepi v Northern Territory [1997] NTSC 153

R v Bassi [2021] QCA 250; (2021) 9 QR 522

R v Forde (1986) 19 A Crim R 1

R v Kucma (2005) 11 VR 472

R v Nguyen [2015] QCA 205

R v Runjanjic (1991) 56 SASR 114

R v SCZ [2018] QCA 81

R v Whitbread (1995) 78 A Crim R 452

Re Ates [2022] WADC 108

Re Collard [2018] WADC 1

Re Goodwin [2020] WADC 128

Re Harvey [2023] WADC 83

Re Hojetzki [2009] WADC 77

S v Neumann (1995) 14 WAR 452

State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536

Sweetman v Lilley [2021] WADC 74

Swinford [2021] WADC 82

Tristram-Howard v Morris Corporation (Aust) Pty Ltd [2023] WADC 60

Trudgett v Commonwealth of Australia [2006] NSWSC 575

Underwood v Underwood [2018] WADC 13

Wynn v NSW Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485

RITTER DCJ:

The appeal

  1. The appellant seeks, by way of an appeal, an increase in the amount of compensation of…

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Re Branch [2024] WADC 41
Case
[2024] WADC 41
Decision Date

CaseChat Overview and Summary

The case of Re Branch involved an appeal against a decision to deny the claimant compensation for criminal injuries. The claimant, Branch, sought compensation for mental and nervous shock as well as for the loss of future earning capacity resulting from injuries sustained during a violent crime. The matter was heard in the Federal Court of Australia. The dispute centred around the interpretation of the Criminal Injuries Compensation Act and the eligibility of the claimant for compensation based on the specified injuries and their impacts.

The court was required to decide whether the claimant's mental and nervous shock, as well as the loss of future earning capacity, qualified as compensable injuries under the Act. This involved an analysis of the statutory criteria for mental injury and the extent to which the injuries affected the claimant's ability to earn a living. The court also needed to determine the adequacy of the evidence provided by Branch to support the claim of loss of future earning capacity.

The court found that the claimant's mental and nervous shock was a compensable injury under the Act, as it met the statutory criteria. However, the court held that the evidence provided regarding the loss of future earning capacity was insufficient to support a claim. The court emphasised the need for clear and detailed evidence to substantiate such claims. Consequently, the appeal was dismissed, and the decision to deny compensation was upheld.

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

Legal Principle Established

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