BEM v Victims Compensation Fund Corporation [2014] NSWCATAD 208

BEM v Victims Compensation Fund Corporation [2014] NSWCATAD 208

On a balance of probabilities, BEM was the victim of an act of violence as defined by the old Act, and the evidence does not support self-defence as a basis to deny compensation; therefore, BEM is entitled to statutory compensation for his injuries.

Jurisdiction
Australia
Judgment Date
01 December 2014
Procedural Posture
Appeal / Merits Determination on the Papers
Outcome
Appeal allowed; original assessor decision set aside; statutory compensation and costs awarded to applicant.
Legal Topics
['statutory Compensation' 'act of Violence' 'self Defence' 'standard of Proof' 'transitional Legislation' 'compensable Injuries']
['victims Compensation' 'administrative Law'] ['statutory Compensation' 'act of Violence' 'self Defence' 'standard of Proof' 'transitional Legislation' 'compensable Injuries']

Case Brief

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Procedural Posture

Appeal / Merits Determination on the Papers

Legal Issues

  1. 1 ['Whether BEM was the victim of an act of violence under section 5 of the Victims Support and Rehabilitation Act 1996' 'Whether the alleged assault was self-defence' 'Whether BEM is entitled to statutory compensation for claimed injuries']

Ratio Decidendi

On a balance of probabilities, BEM was the victim of an act of violence as defined by the old Act, and the evidence does not support self-defence as a basis to deny compensation; therefore, BEM is entitled to statutory compensation for his injuries.

Court Disposition

Appeal allowed; original assessor decision set aside; statutory compensation and costs awarded to applicant.

Orders

  • ['The decision of the compensation assessor set aside under section 38(5)(a) of the old Act.' 'An award of statutory compensation is made under section 29(1)(a) of the old Act.' 'An award for costs is made under section 35(1) of the old Act.']