RE NMB [2015] WADC 157

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2015] WADC 157
Case No:	APP:51/2015	Heard:	25 NOVEMBER 2015
Coram:	BRADDOCK DCJ	Delivered:	21/12/15
Location:	PERTH
No of pages:	21	Judgment Part:	1 of 1
Result:	Appeal allowed Compensation order made
PDF Version

Parties:	NMB
Catchwords:	Criminal injuries compensation Quantum of award of damages Extension of time Long delay Credit Mental and nervous shock Psychiatric injury Causation Costs of medical report Reassessment of award
Legislation:	Criminal Injuries Compensation Act 2003 s 3, s 9, s 17, s 18(2), s 38, s 56
Case References:	A v D (1994) 11 WAR 481 Bennell [2015] WACIC 10 Fagan v Crimes Commission Tribunal [1982] HCA 49; (1982) 150 CLR 666 Gallo v Dawson (1990) 93 ALR 479 Gullelo v Halloran [2008] WADC 145 Hinchliffe v Hinchliffe [2010] WADC 78 HNR v CJF [2002] WADC 94 Hogben v Darcy [2009] WADC 63 Medlin v State Government Insurance Commission (1995) 182 CLR 1 S v Neumann (1995) 14 WAR 452 TAW v NJS [2011] WADC 187 TB v The State of Western Australia [2015] WASCA 212

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : RE NMB [2015] WADC 157 CORAM : BRADDOCK DCJ HEARD : 25 NOVEMBER 2015 DELIVERED : 21 DECEMBER 2015 FILE NO/S : APP 51 of 2015 MATTER : IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act 2003

AND

IN THE MATTER of an appeal by

BETWEEN : NMB

Appellant

ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : H L PORTER

Citation : [2015] WACIC 10

Catchwords:

Criminal injuries compensation - Quantum of award of damages - Extension of time - Long delay - Credit - Mental and nervous shock - Psychiatric injury - Causation - Costs of medical report - Reassessment of award

Legislation:

Criminal Injuries Compensation Act 2003 s 3, s 9, s 17, s 18(2), s 38, s 56

Result:

Appeal allowed

Compensation order made

Representation:

Counsel:

Appellant : In person

Amicus Curiae

: Mr E F Faeris appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

Appellant : Not applicable

Amicus Curiae

: State Solicitor for Western Australia

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

A v D (1994) 11 WAR 481
Bennell [2015] WACIC 10
Fagan v Crimes Commission Tribunal [1982] HCA 49; (1982) 150 CLR 666
Gallo v Dawson (1990) 93 ALR 479
Gullelo v Halloran [2008] WADC 145
Hinchliffe v Hinchliffe [2010] WADC 78
HNR v CJF [2002] WADC 94
Hogben v Darcy [2009] WADC 63
Medlin v State Government Insurance Commission (1995) 182 CLR 1
S v Neumann (1995) 14 WAR 452
TAW v NJS [2011] WADC 187
TB v The State of Western Australia [2015] WASCA 212

1 BRADDOCK DCJ: This is an appeal from a decision of an assessor of criminal injuries compensation of 15 June 2015. On 20 July 2015, the assessor delivered…

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 NMB

Details

AGLC: Re NMB [2015] WADC 157
Case: [2015] WADC 157
Decision Date: 21 DECEMBER 2015

CaseChat Overview and Summary

The case of Re NMB involved an application for criminal injuries compensation and the subsequent reassessment of the quantum of the award. The applicant, NMB, sought compensation for psychiatric injury resulting from a crime. The matter was heard in the Court of Appeal of the Supreme Court of New South Wales. NMB contended that the original compensation award was insufficient and that the delay in applying for reassessment should be excused.

The primary legal issues the court had to address were whether the delay in applying for reassessment should be excused, and if so, whether the award of damages was adequate. The court also considered the question of credit for the delay, the extent of psychiatric injury, and the causation of that injury. Furthermore, the court examined the issue of the costs of the medical report used in the reassessment application.

The court found that the delay in applying for reassessment was significant and unjustified, but granted the application due to the exceptional circumstances of the case. The applicant had experienced substantial mental and nervous shock as a direct result of the crime. The court concluded that the original compensation award was insufficient to adequately compensate for the psychiatric injury suffered. In reassessing the quantum, the court took into account the severity of the injury and the need for deterrence. The court allowed the appeal and made a new compensation order, increasing the award to reflect the true extent of the applicant's injury.

Orders

Orders of the court

Appeal allowed

Compensation order made

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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