Purkis v VCFC [2002] NSWDC 15

Purkis v VCFC [2002] NSWDC 15

The Tribunal misapplied its discretion under s38(3) by focusing on the appellant’s motives for seeking to tender further evidence rather than properly considering the relevant criteria for admitting such evidence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 October 2002
Procedural Posture
Appeal / Leave to Appeal and Substantive Hearing
Outcome
determination set aside; matter remitted for further hearing of evidence
Legal Topics
['appeals' 'admission of Further Evidence' 'special Grounds']
['victims Compensation'] ['appeals' 'admission of Further Evidence' 'special Grounds']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Leave to Appeal and Substantive Hearing

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in refusing to admit additional evidence under s38(3) of the Victims Support and Rehabilitation Act 1996' 'Whether special grounds existed to allow further evidence']

Ratio Decidendi

The Tribunal misapplied its discretion under s38(3) by focusing on the appellant’s motives for seeking to tender further evidence rather than properly considering the relevant criteria for admitting such evidence.

Court Disposition

determination set aside; matter remitted for further hearing of evidence

Orders

  • ['The determination of the Tribunal is set aside.' 'The matter is remitted to the Tribunal to be considered and determined again with the hearing of further evidence in accordance with law.']