Saab v Victims Compensation Fund Corporation [2001] NSWDC 6

Saab v Victims Compensation Fund Corporation [2001] NSWDC 6

Although the judge considered the Tribunal and Assessor's decisions to be contrary to the evidentiary material and perverse, the proposed appeal was from a determination whether the applicant's injury was a compensable injury of a particular description specified in the schedule. Section 39(3) deemed that matter not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 July 2001
Procedural Posture
Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal / Leave to Appeal
Outcome
Application for leave to appeal refused.
Legal Topics
['compensable Injury' 'shock' 'disability' 'question of Law' 'leave to Appeal']
['victims Compensation' 'administrative Law' 'appeals'] ['compensable Injury' 'shock' 'disability' 'question of Law' 'leave to Appeal']

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Procedural Posture

Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal / Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicant could obtain leave to appeal to the District Court on a question of law arising from the Tribunal's determination." 'Whether the matter sought to be raised concerned whether an injury was a compensable injury of a particular description specified in the schedule.']

Ratio Decidendi

Although the judge considered the Tribunal and Assessor's decisions to be contrary to the evidentiary material and perverse, the proposed appeal was from a determination whether the applicant's injury was a compensable injury of a particular description specified in the schedule. Section 39(3) deemed that matter not to be a question of law, so leave to appeal under s 39(1) could not be granted.

Court Disposition

Application for leave to appeal refused.

Orders

  • ['The application for leave to appeal is refused.' "The applicant is to pay the respondent's costs of the appeal."]