Bartak v Victims Compensation Fund Corporation [1999] NSWDC 5

Bartak v Victims Compensation Fund Corporation [1999] NSWDC 5

For the reasons stated in Owen and Couley, the Victims Compensation Tribunal erred in determining cl 5 of Sch 1 of the Victims Compensation Act 1996, so the matter was remitted to be determined in accordance with law and those reasons.

Jurisdiction
Australia
Judgment Date
29 November 1999
Procedural Posture
Victims Compensation Appeal / Application for Leave to Appeal From Determination of the Victims Compensation Tribunal
Outcome
Matter remitted to the District Court to be determined in accordance with law and the reasons indicated in Couley and Owen; respondent to pay the appellant's costs in respect of the motion and the appeal.
Legal Topics
['shock' 'schedule 1(5)' 'disability']
['victims Compensation'] ['shock' 'schedule 1(5)' 'disability']

Case Brief

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Procedural Posture

Victims Compensation Appeal / Application for Leave to Appeal From Determination of the Victims Compensation Tribunal

Legal Issues

  1. 1 ['Whether the Victims Compensation Tribunal erred in determining cl 5 of Sch 1 of the Victims Compensation Act 1996.']

Ratio Decidendi

For the reasons stated in Owen and Couley, the Victims Compensation Tribunal erred in determining cl 5 of Sch 1 of the Victims Compensation Act 1996, so the matter was remitted to be determined in accordance with law and those reasons.

Court Disposition

Matter remitted to the District Court to be determined in accordance with law and the reasons indicated in Couley and Owen; respondent to pay the appellant's costs in respect of the motion and the appeal.

Orders

  • ['The matter is remitted to the District Court to be determined in accordance with law and in accordance with the reasons indicated in Couley and Owen.' "The respondent is to pay the appellant's costs in respect of the motion and of the appeal."]