Re RJA

In the case of Re RJA, the applicant sought compensation for criminal injuries sustained during a violent attack. The applicant was attacked and robbed by an assailant, resulting in physical and psychological harm. The matter was heard in the Supreme Court of New South Wales, where the applicant appealed a decision by the State Administrative Tribunal that had rejected their claim for compensation. The applicant argued that the Tribunal's assessment of their loss of earning capacity and the impact of their injuries on their mental and nervous condition was incorrect.

The court had to determine whether the Tribunal's assessment of the applicant's loss of earning capacity was correct, and whether the Tribunal had appropriately considered the impact of the applicant's injuries on their mental and nervous condition. The court also had to decide whether the Tribunal's consideration of the applicant's contribution to their injuries and the mitigation of those injuries was appropriate. The applicant argued that the Tribunal had failed to properly consider the totality of their injuries and the impact they had on their ability to work.

The court found that the Tribunal had not properly considered the totality of the applicant's injuries and the impact they had on their ability to work. The court noted that the applicant's injuries had resulted in a loss of earning capacity, and that the Tribunal had not properly assessed the extent of that loss. The court also found that the Tribunal had not properly considered the impact of the applicant's injuries on their mental and nervous condition. The court held that the Tribunal's failure to properly consider these factors meant that its assessment of the applicant's compensation was incorrect. The court ordered that the matter be remitted to the Tribunal for re-hearing, with directions to properly consider the totality of the applicant's injuries and their impact on their ability to work and their mental and nervous condition.