Fagan v Crimes Compensation Tribunal [1982] HCA 49

Fagan v Crimes Compensation Tribunal [1982] HCA 49

Jack Fagan's grave emotional injury, being mental or nervous shock, was caused by or resulted from the criminal act of his mother's murder. The Act was not confined to immediate victims, and the Tribunal erred by treating the injury as too remote and by applying a common law remoteness approach rather than the statutory test of causation. There was no break in the chain of causation between the murder and Jack's injury, so the Tribunal's decision refusing compensation had to be quashed and the matter remitted for assessment of damages.

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave / High Court Appeal From the Full Court of the Supreme Court of Victoria
Outcome
Appeal allowed with costs.
Legal Topics
['compensation for Mental or Nervous Shock' 'causation Under the Criminal Injuries Compensation Act 1972 Vict.' 'review of Tribunal Decision' 'remoteness and Foreseeability']
['criminal Injuries Compensation' 'administrative Law' 'statutory Interpretation'] ['compensation for Mental or Nervous Shock' 'causation Under the Criminal Injuries Compensation Act 1972 Vict.' 'review of Tribunal Decision' 'remoteness and Foreseeability']

Case Brief

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Procedural Posture

Appeal by Special Leave / High Court Appeal From the Full Court of the Supreme Court of Victoria

Legal Issues

  1. 1 ["Whether Jack Fagan, who suffered mental or nervous shock after his mother's murder, was injured by or as a result of a criminal act within s. 3(1) of the Criminal Injuries Compensation Act 1972 Vict." 'Whether compensation under the Act is confined to the immediate victim of the criminal act and dependants of that victim.' 'Whether common law concepts of remoteness or foreseeability limit compensation under the Act.']

Ratio Decidendi

Jack Fagan's grave emotional injury, being mental or nervous shock, was caused by or resulted from the criminal act of his mother's murder. The Act was not confined to immediate victims, and the Tribunal erred by treating the injury as too remote and by applying a common law remoteness approach rather than the statutory test of causation. There was no break in the chain of causation between the murder and Jack's injury, so the Tribunal's decision refusing compensation had to be quashed and the matter remitted for assessment of damages.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of the Full Court of the Supreme Court of Victoria set aside.' 'Order nisi for review of the order of the Crimes Compensation Tribunal made absolute.' 'Decision of the Crimes Compensation Tribunal quashed.' 'Matter remitted to the Crimes Compensation Tribunal for assessment of damages.' "Respondent pay the...