VICTIMS COMPENSATION FUND v SCOTT BROWN & ORS [2002] NSWCA 155

VICTIMS COMPENSATION FUND v SCOTT BROWN & ORS [2002] NSWCA 155

Clause 5(a) of Schedule 1 to the Act does not require proof of both symptoms and disability for more than six weeks; compensation is payable if either persists for the relevant period, not necessarily cumulatively. The District Court had jurisdiction to entertain the appeal as it concerned the threshold under cl 5(a), not whether 'shock' is specified in the schedule. The remedial order in the District Court was too limited, as the Act requires setting aside the determination in full, not just part.

Parties
Claimant: Victims Compensation Fund; First Opponent: Scott Brown; Second Opponent: Ms Lewis; Third Opponent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
28 May 2002
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From District Court
Outcome
Appeal allowed in part; District Court's order as to partial setting aside quashed; otherwise summons dismissed, costs to claimant.
Legal Topics
Shock Under Victims Support and Rehabilitation Act 1996, Interpretation of 'and' in Compensation Criteria, Appellate Jurisdiction Under S39 of the Act
Victims Compensation Statutory Interpretation Shock Under Victims Support and Rehabilitation Act 1996 Interpretation of 'and' in Compensation Criteria Appellate Jurisdiction Under S39 of the Act

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Parties

Victims Compensation Fund

Claimant

Scott Brown

First Opponent

Ms Lewis

Second Opponent

District Court of New South Wales

Third Opponent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From District Court

Legal Issues

  1. 1 Proper construction of clause 5(a) of Schedule 1 to the Victims Support and Rehabilitation Act 1996 as to compensation for 'shock'; whether 'and' means 'and' (conjunctive) or 'or' (disjunctive)
  2. 2 District Court's jurisdiction to entertain the appeal under s39 of the Act
  3. 3 Remedial error about partial setting aside of determination

Ratio Decidendi

Clause 5(a) of Schedule 1 to the Act does not require proof of both symptoms and disability for more than six weeks; compensation is payable if either persists for the relevant period, not necessarily cumulatively. The District Court had jurisdiction to entertain the appeal as it concerned the threshold under cl 5(a), not whether 'shock' is specified in the schedule. The remedial order in the District Court was too limited, as the Act requires setting aside the determination in full, not just part.

Court Disposition

Appeal allowed in part; District Court's order as to partial setting aside quashed; otherwise summons dismissed, costs to claimant.

Orders

  • Remove the record of proceedings in the District Court and quash so much of Phelan DCJ's orders as limited the setting aside of the determination in Mr Brown's appeal as related to his claim for nervous shock.
  • Otherwise, summons dismissed.