Re Del Pizzo

Case [2014] WADC 20


RE DEL PIZZO [2014] WADC 20
Last Update:  14/02/2014
RE DEL PIZZO [2014] WADC 20
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2014] WADC 20
Case No: APP:38/2013   Heard: 4 SEPTEMBER 2013
Coram: DEANE DCJ   Delivered: 13/02/2014
Location: PERTH   Supplementary Decision:
No of Pages: 19   Judgment Part: 1 of 1
Result: Appeal dismissed on preliminary issue
[Click here for Judgment in Adobe Acrobat Format ]
On Appeal from:
Jurisdiction: CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: L V DEMPSEY
File Number: CI 000989 of 2012
Parties: ENRICO SIMON DEL PIZZO

Catchwords: Criminal injuries compensation Application for compensation made to assessor lodged nearly eight years after expiration of time limit in which to do so Reasons for delay Conceded by appellant delay is substantial Preliminary issue of delay to be determined first on appeal
Legislation: Criminal Injuries Compensation Act 2003

Case References: Aiello v Marrickville Council [2005] NSWCA 194
Caddy v Assessor of Criminal Injuries Compensation (1997) 18 SR (WA) 1
DNA v Britten (1995) 14 SR (WA) 325
Dos Santos v Dos Santos [2000] WADC 256
Eggins v Vrooms Head Bowling & Recreational Club Ltd (1986) 5 NSWLR 521
Esther Investments Pty Ltd v Markalinga Pty Ltd (1989) 2 WAR 196
Gallo v Dawson [1990] HCA 30
Hinchcliffe v Hinchcliffe [2010] WADC 78
McLoughlin v The Assessor of Criminal Compensation (1999) 21 SR (WA) 311
Ratnam v Cumarasamy [1964] All ER 933
Re Karra (1984) 2 SR (WA) 97
S v Neumann (1995) 14 WAR 542
Shilcock [2007] WADC 168
Walker v Fares Rural Co Pty Ltd [2001] WADC 94



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : RE DEL PIZZO [2014] WADC 20 CORAM : DEANE DCJ HEARD : 4 SEPTEMBER 2013 DELIVERED : 13 FEBRUARY 2014 FILE NO/S : APP 38 of 2013 MATTER : IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

                  AND

                  IN THE MATTER of an Appeal by
BETWEEN : ENRICO SIMON DEL PIZZO
                  Appellant


ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : L V DEMPSEY

File No : CI 000989 of 2012

Catchwords:

Criminal injuries compensation - Application for compensation made to assessor lodged nearly eight years after expiration of time limit in which to do so - Reasons for delay - Conceded by appellant delay is substantial - Preliminary issue of delay to be determined first on appeal

Legislation:

Criminal Injuries Compensation Act 2003

Result:

Appeal dismissed on preliminary issue

Representation:

Counsel:


    Appellant : Mr K S Pratt

    Amicus Curiae : Mr J D Berson appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

    Appellant : CLP Legal Pty Ltd

    Amicus Curiae : State Solicitor for Western Australia


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

Aiello v Marrickville Council [2005] NSWCA 194
Caddy v Assessor of Criminal Injuries Compensation (1997) 18 SR (WA) 1
DNA v Britten (1995) 14 SR (WA) 325
Dos Santos v Dos Santos [2000] WADC…

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Re Del Pizzo [2014] WADC 20
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[2014] WADC 20
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CaseChat Overview and Summary

In the case of Re Del Pizzo, the applicant sought compensation for criminal injuries sustained in a serious incident. The dispute centred on the timeliness of the application for compensation, which was lodged nearly eight years after the statutory time limit had expired. The court was tasked with determining whether the delay in lodging the application was justified and whether the applicant was entitled to compensation. The appeal was heard in the Supreme Court of New South Wales, which had to consider whether the delay was substantial and whether it could be excused under the relevant statutory provisions.

The primary legal issue before the court was whether the delay in lodging the application for compensation was substantial and whether it could be excused under the statutory provisions. The applicant conceded that the delay was substantial, which placed the onus on them to provide justification for the delay. The court had to determine whether the reasons provided by the applicant were sufficient to excuse the delay and whether the delay could be justified under the statutory provisions. The court also had to consider whether the delay had prejudiced the respondent in any way.

The court found that the applicant had failed to provide sufficient justification for the substantial delay in lodging the application. The reasons provided by the applicant were not considered adequate to excuse the delay. The court held that the delay was substantial and that it could not be excused under the statutory provisions. Consequently, the court dismissed the appeal on the preliminary issue of the delay. The court found that the applicant had not discharged the onus of justifying the substantial delay in lodging the application for compensation. The appeal was dismissed, and no further orders were made.

Orders

Orders of the court

Appeal dismissed on preliminary issue

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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