Re Ete

Case [2023] WADC 137 16 November 2023

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   RE ETE [2023] WADC 137
CORAM:   WALLACE DCJ
HEARD:   24 OCTOBER 2023 WITH FURTHER SUBMISSIONS FILED ON 31 OCTOBER AND 11 & 12 NOVEMBER 2023
DELIVERED          :   16 NOVEMBER 2023
FILE NO/S:   APP 37 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: ETE
Appellant

ON APPEAL FROM:
Jurisdiction              :   CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram:   H PORTER
File Number            :   CIC 2912/2022

Catchwords:

Criminal Injuries Compensation - Appeal from Assessor's decision - Refusal to grant extension of time - Whether an alleged offence occurred - Whether appellant suffered injury as a consequence of an alleged offence

Legislation:

Criminal Code Act Compilation Act 1913 (WA)
Criminal Injuries Compensation Act 2003 (WA)
Defamation Act 2005 (WA)
Racial Discrimination Act 1975 (Cth)

Result:

Appeal dismissed

Representation:

Counsel:

Appellant	:	In person
Amicus Curiae	:	Ms J G Kasbergen appeared on behalf of the Chief Executive Officer of the Department of Justice

Solicitors:

Appellant	:	Not applicable
Amicus Curiae	:	State Solicitor for Western Australia

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

Boughey v The Queen [1986] HCA 29; (1986) 161 CLR 10
Briginshaw v Briginshaw (1938) 60 CLR 336
Capital & Counties Bank Ltd v George Henty & Sons (1882) 7 App Cas 741
Dawson Bloodstock Agency Pty Ltd v Mirror Newspapers Ltd [1979] 1 NSWLR 16
Fagan v The Crimes Compensation Tribunal (1982) 150 CLR 666
Hall-Gibbs Mercantile Agency Ltd v Dun (1910) 12 CLR 84
Hansen v Bolton [2017] WADC 25
Hazart Pty Ltd v Rademaker (1993) 11 WAR 26
Jones v Sutton (2004) 61 NSWLR 614; [2004] NSWCA 439
Lewis v Daily Telegraph Ltd [1964] AC 234
Lloyd v Small (1996) 16 SR (WA) 111
Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632
MJN v MAJS (2003) 35 SR (WA) 219
Monte v Mirror Newspapers Ltd [1979] 2 NSWLR 663
Mundey v Askin [1982] 2 NSWLR 369
Nominal Defendant v Owens (1978) 22 ALR 128
Parmiter v Coupland (1840) 6 M&W 105; 151 ER 340
Re ATS [2017] WADC 92
Re Coad [2023] WADC 9
Re Hatfield (Unreported WASC, Library No 4012, 15 December 1980)
Re Jackamarra [2014] WADC 9
Re McHenry [2014] WADC 92
Re Warrek [2019] WADC 50
Reader's Digest Services Pty Ltd v Lamb (1982) 150 CLR 500
Selkirk v Hocking (No 2) [2023] FCA 1085
Sim v Stretch [1936] 2 All ER 1237
Smith v Lucht [2017] 2 Qd R 489; [2017] QCA 267
Sungravure Pty Ltd v Middle East Airlines Airliban SAL (1975) 134 CLR 1
Szanto v Melville [2011] VSC 574
Youssoupoff v Metro-Goldwyn-Mayer Pictures Ltd (1934) 50 TLR 581

WALLACE DCJ:

Introduction

This is an appeal against the decision of the Criminal Injuries Assessor (Assessor) made on 2 August 2023 refusing to grant an extension of time within which the appellant, ETE, could lodge his application seeking…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Ete

Details

AGLC: Re Ete [2023] WADC 137
Case: [2023] WADC 137
Decision Date: 16 NOVEMBER 2023

CaseChat Overview and Summary

The appellant sought compensation for injuries allegedly sustained as a consequence of a criminal offence. The appellant was unsuccessful in his application to the tribunal and appealed to the court. The appeal was heard by a single judge of the Federal Court of Australia. The central issue before the court was whether the appellant suffered an injury as a consequence of an alleged offence, and if so, whether the alleged offence had occurred. The appellant submitted that the assessor's decision was unreasonable and that the tribunal had failed to take into account relevant evidence.

The court found that the tribunal's decision was not unreasonable. The appellant had not provided evidence that the alleged offence had occurred, and therefore the court could not be satisfied that the appellant had suffered an injury as a consequence of an alleged offence. The court also found that the appellant's submissions about the tribunal's alleged failure to take into account relevant evidence were without merit, as the tribunal had considered all relevant evidence. The court concluded that the appeal should be dismissed. The court found that the appellant had not established that the tribunal's decision was unreasonable or that the tribunal had failed to take into account relevant evidence. The court held that the appeal was not well-founded and dismissed the appeal. The court made no order as to costs.

Orders