Victims Compensation Fund Corporation v Sarah Jane Hill

The Victims Compensation Fund Corporation sought relief in the nature of certiorari concerning orders made by Judge Garling DCJ in the District Court. The first opponent, Sarah Jane Hill, a minor, was the victim of an assault and had lodged a claim for compensation for concussion and shock. The Corporation sought to quash the District Court's orders and have the matter remitted for rehearing.

The primary legal issue before the Court of Appeal was whether the District Court judge erred in his determination of the compensation claim, particularly in relation to the adducing of fresh evidence. The Corporation contended that the judge's decision was affected by an error of law, warranting the intervention of the Court of Appeal through certiorari rather than an appeal.

The Court of Appeal found that the District Court judge had made an error of law in his approach to the assessment of compensation and the consideration of evidence. The Court determined that the "special grounds" for adducing fresh evidence had been met, and that the judge's failure to properly consider this evidence constituted a reviewable error. Consequently, the Court quashed the orders made by the District Court.

The Court of Appeal ordered that the record of proceedings be removed to the Court, that the orders made by Judge Garling DCJ be quashed, and that the proceedings be remitted to the District Court for a rehearing in accordance with the Court's reasons.