CREER v DISTRICT COURT OF NEW SOUTH WALES and ANOR [1997] NSWCA 84

CREER v DISTRICT COURT OF NEW SOUTH WALES and ANOR [1997] NSWCA 84

There was no denial of natural justice; the existence of an 'act of violence' was in issue and addressed at the hearing, and it was for the District Court judge to determine that question of fact on the evidence.

Parties
Appellant: Creer; First Respondent: District Court of New South Wales; Second Respondent: Victims' Compensation Fund Corporation
Jurisdiction
Australia
Judgment Date
04 March 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Certiorari, Denial of Natural Justice, Prerogative Relief, Victims Compensation Act
Administrative Law Criminal Injuries Compensation Certiorari Denial of Natural Justice Prerogative Relief Victims Compensation Act

Case Brief

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Parties

Creer

Appellant

District Court of New South Wales

First Respondent

Victims' Compensation Fund Corporation

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was a denial of natural justice in the District Court proceedings under the Victims Compensation Act 1987

Ratio Decidendi

There was no denial of natural justice; the existence of an 'act of violence' was in issue and addressed at the hearing, and it was for the District Court judge to determine that question of fact on the evidence.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.