Dean v Victims Compensation Fund Corporation [2000] NSWDC 2

Dean v Victims Compensation Fund Corporation [2000] NSWDC 2

The determination of the Tribunal Member is set aside and remitted for reconsideration by the Tribunal, specifically to address whether an act of violence occurred and the evidential basis for any such finding, as a prerequisite for awarding compensation and considering reduction criteria under section 30.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 November 2000
Procedural Posture
Appeal / Judgment
Outcome
Determination of Tribunal Member set aside and matter remitted for reconsideration. Costs of appeal to applicant; all other costs at Tribunal's discretion.
Legal Topics
['act of Violence' 'determination of Compensation' 'criteria for Reduction of Award']
['victims Compensation'] ['act of Violence' 'determination of Compensation' 'criteria for Reduction of Award']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether there was an act of violence' 'On what evidence or on what basis that conclusion was reached' 'Extent of any award of compensation reduction by reference to section 30']

Ratio Decidendi

The determination of the Tribunal Member is set aside and remitted for reconsideration by the Tribunal, specifically to address whether an act of violence occurred and the evidential basis for any such finding, as a prerequisite for awarding compensation and considering reduction criteria under section 30.

Court Disposition

Determination of Tribunal Member set aside and matter remitted for reconsideration. Costs of appeal to applicant; all other costs at Tribunal's discretion.

Orders

  • ['Set aside the determination of Tribunal Member R Gabb dated 21 October 1998' 'Remit the matter for consideration and determination by the Tribunal specifically on the question of an act of violence and the evidential basis for such finding' 'Costs of this appeal to the applicant' 'All other costs to be determined...