Victims Compensation Fund Corporation v Nguyen

The Victims Compensation Fund Corporation appealed to the Court of Appeal against a decision of the District Court, which had quashed a determination of the Victims Compensation Tribunal. The core of the dispute concerned the Tribunal's power to reduce an award of compensation previously made by an assessor.

The Court of Appeal was required to determine whether the District Court had erred in law by finding that the Victims Compensation Tribunal possessed the power to set aside an assessor's determination and make a lesser award. A further issue was whether the Tribunal was obliged to provide procedural fairness to a party by notifying them of its intention to reduce an award before doing so.

The Court of Appeal held that the Victims Compensation Tribunal did not have the power to set aside an assessor's determination and make a lesser award. It reasoned that the Tribunal's jurisdiction was limited to reviewing the assessor's decision and, if necessary, affirming or setting it aside and remitting it for redetermination. The Court further found that, in the circumstances, the Tribunal was not obliged to notify the party of its intention to reduce the award, as the appeal to the Tribunal was a full rehearing.

The appeal was dismissed with costs.