Mordaunt v The Assessor, Victims Services & Anor [2007] NSWSC 1131

Mordaunt v The Assessor, Victims Services & Anor [2007] NSWSC 1131

The plaintiff failed to establish error of law, denial of natural justice or lack of jurisdiction. There was evidence before the compensation assessor capable of supporting the compensation award, the plaintiff had been convicted in the relevant statutory sense of an offence arising from substantially the same facts as the act of violence for which compensation was awarded, and the Tribunal conducted the remitted hearing in accordance with the statutory procedure, considered the plaintiff's submissions, confirmed the provisional order and reduced liability by reference to permissible considerations including means and the minor nature of the assault.

Jurisdiction
Australia
Judgment Date
15 October 2007
Procedural Posture
Appeal From Local Court Sitting as the Victims Compensation Tribunal / Supreme Court Appeal From Orders Confirming a Provisional Restitution Order
Outcome
The plaintiff's summons was dismissed and the plaintiff was ordered to pay the defendant's costs of the proceedings.
Legal Topics
['restitution Order Under Victims Support and Rehabilitation Act 1996' 'error of Law' 'denial of Natural Justice' 'confirmation and Variation of Provisional Restitution Order' 'domestic Violence Compensation Award']
['victims Compensation' 'administrative Law' 'appeals' 'natural Justice'] ['restitution Order Under Victims Support and Rehabilitation Act 1996' 'error of Law' 'denial of Natural Justice' 'confirmation and Variation of Provisional Restitution Order' 'domestic Violence Compensation Award']

Case Brief

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Procedural Posture

Appeal From Local Court Sitting as the Victims Compensation Tribunal / Supreme Court Appeal From Orders Confirming a Provisional Restitution Order

Legal Issues

  1. 1 ['Whether the Tribunal made an error in point of law in confirming the provisional restitution order.' 'Whether the Tribunal denied the plaintiff natural justice.' "Whether the Director's provisional restitution order was affected by alleged errors in the compensation assessor's award." "Whether the Tribunal should have reduced or set aside the restitution order having regard to the plaintiff's means and other relevant matters."]

Ratio Decidendi

The plaintiff failed to establish error of law, denial of natural justice or lack of jurisdiction. There was evidence before the compensation assessor capable of supporting the compensation award, the plaintiff had been convicted in the relevant statutory sense of an offence arising from substantially the same facts as the act of violence for which compensation was awarded, and the Tribunal conducted the remitted hearing in accordance with the statutory procedure, considered the plaintiff's submissions, confirmed the provisional order and reduced liability by reference to permissible considerations including means and the minor nature of the assault.

Court Disposition

The plaintiff's summons was dismissed and the plaintiff was ordered to pay the defendant's costs of the proceedings.

Orders

  • ["The plaintiff's summons is dismissed." "The plaintiff is to pay the defendant's costs of the proceedings."]