Victims Compensation Fund Corporation v Lynch

This matter concerned an appeal to the Court of Appeal of New South Wales by the Victims Compensation Fund Corporation against an order of the District Court. The District Court had set aside a determination made by the Victims Compensation Tribunal, which had denied a claim for compensation on the basis that the victim's behaviour contributed to the injury sustained. The appeal to the District Court was limited to questions of law.

The Court of Appeal was required to determine whether the District Court had erred in law by setting aside the Tribunal's decision. Specifically, the Court considered whether the grounds relied upon by the District Court involved an error of law, and also whether the Supreme Court, in its supervisory jurisdiction, had the power to make a costs order in place of a quashed costs order, applying the principles established in *Kirk v Industrial Court of New South Wales*.

The Court of Appeal reasoned that the District Court's decision to set aside the Tribunal's determination was not based on an error of law. The primary judge in the District Court had found that the Tribunal's reliance on section 30(1)(a) of the Victims Support and Rehabilitation Act 1996 to deny compensation was not sustainable. The Court of Appeal noted potential difficulties in making orders that specifically exclude certain evidence on a remitted hearing, suggesting that if material has no evidentiary value, this should be reflected in the reasons for the decision rather than a specific order.

The Court of Appeal ordered that the record of proceedings before the District Court be removed to the Court of Appeal, and that the orders made by the District Court be quashed. The Victims Compensation Fund Corporation was ordered to pay the first respondent's costs of the proceedings in the Court of Appeal.