Robertson v Baker

Case [2014] WADC 14
ROBERTSON -v- BAKER [2014] WADC 14
Last Update:  11/02/2014
ROBERTSON -v- BAKER [2014] WADC 14
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2014] WADC 14
Case No: APP:53/2013   Heard: 20 JANUARY 2014
Coram: STONE DCJ   Delivered: 07/02/2014
Location: PERTH   Supplementary Decision:
No of Pages: 13   Judgment Part: 1 of 1
Result: Appeal allowed
[Click here for Judgment in Adobe Acrobat Format ]
On Appeal from:
Jurisdiction: CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA
Coram: R GUTHRIE
Citation: [2013] WACIC 17
Parties: ALLEN ALBERT RAY ROBERTSON
COLIN PATRICK BAKER
Catchwords: Criminal injuries compensation Appeal Criminal Injuries Compensation Act 2003 s 42(3) Whether there is a claim for criminal injuries compensation when the applicant has already received in excess of maximum amount allowed under the Act ($75,000) by way of damages for workers' compensation claim
Legislation: Criminal Injuries Compensation Act 2003 (WA) s 42(3)
Case References: Baker [2013] WACIC 17
Chappell v Bowe [2006] WADC 29
Cooper v Commissioner of Taxation (2004) 210 ALR 635
Devos v James [No 2] [2013] WADC 36
Gullelo v Halloran [2008] WADC 145
Hinchcliffe v Hinchcliffe [2010] WADC 78
M v J and J v J (Unreported, WASC, Library No 920598, 19 November 1992)
Re Faengsungnoen [2012] WADC 59
Re Korber (1992) 9 SR (WA) 32
Re Tilbury [2010] WADC 46
Re Utting [2011] WADC 10
RJE v Bandy (Unreported, WASC, Library No 1365, 31 May 1974)
S v Neumann (1995) 14 WAR 452

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : ROBERTSON -v- BAKER [2014] WADC 14 CORAM : STONE DCJ HEARD : 20 JANUARY 2014 DELIVERED : 7 FEBRUARY 2014 FILE NO/S : APP 53 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 : ALLEN ALBERT RAY ROBERTSON
                  Appellant

                  AND

                  COLIN PATRICK BAKER
                  Respondent


ON APPEAL FROM:

Jurisdiction : CRIMINAL INJURIES COMPENSATION ASSESSOR OF WESTERN AUSTRALIA

Coram : R GUTHRIE

Citation : [2013] WACIC 17

Catchwords:

Criminal injuries compensation - Appeal - Criminal Injuries Compensation Act 2003 s 42(3) - Whether there is a claim for criminal injuries compensation when the applicant has already received in excess of maximum amount allowed under the Act ($75,000) by way of damages for workers' compensation claim

Legislation:

Criminal Injuries Compensation Act 2003 (WA) s 42(3)

Result:

Appeal allowed

Representation:

Counsel:


    Appellant : Mr T Kean
    Respondent : Mr D I Connor

    Amicus Curiae : Mr C M Beetham appeared on behalf of the Chief Executive Officer of the Department of the Attorney General

Solicitors:

    Appellant : Delta Legal
    Respondent : Hoffmans

    Amicus Curiae : State Solicitor for Western Australia


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

Baker [2013] WACIC 17
Chappell v Bowe [2006] WADC 29
Cooper v Commissioner of Taxation (2004) 210 ALR 635
Devos v James [No 2] [2013] WADC 36
Gullelo v Halloran [2008] WADC 145
Hinchcliffe v Hinchcliffe [2010] WADC 78
M v J and J v J (Unreported, WASC,…

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Robertson v Baker [2014] WADC 14
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[2014] WADC 14
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CaseChat Overview and Summary

In Robertson v Baker, the applicant sought to recover criminal injuries compensation under the provisions of the Criminal Injuries Compensation Act 2003. The applicant had already been awarded damages in excess of the maximum allowable compensation under the Act, specifically $75,000, from a workers' compensation claim. The primary issue before the court was whether the applicant could still be eligible for criminal injuries compensation despite having already received a significant amount from the workers' compensation claim.

The court was required to determine if the receipt of workers' compensation damages barred the applicant from claiming criminal injuries compensation under section 42(3) of the Act. This section stipulates that an applicant's recovery of compensation from another source should be taken into account when assessing their claim for criminal injuries compensation. The court had to balance the applicant's entitlement to compensation with the statutory cap and the purpose of the Act, which is to provide compensation for those who have been injured by crime.

The court concluded that despite the applicant's receipt of compensation from a workers' compensation claim, they were still eligible to claim criminal injuries compensation. The court reasoned that the statutory cap should be interpreted in a way that does not unjustly exclude those who have suffered multiple forms of injury, provided that the total compensation received does not exceed the statutory limit. The court held that the applicant could claim compensation under the Act, subject to the cap, as the purpose of the Act was to provide assistance to those injured by crime, regardless of other forms of compensation received. The appeal was allowed, permitting the applicant to claim the allowable amount under the Act.

Orders

Orders of the court

Appeal allowed

Background

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Evidence

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Decision

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