Dawood v Victims Compensation Fund Corporation [2005] NSWDC 6

Dawood v Victims Compensation Fund Corporation [2005] NSWDC 6

There was no denial of natural justice or procedural fairness because contributory conduct and its level were plainly matters for the Tribunal, the Act required the Tribunal to consider them, the assessor's reasons had identified difficulty with the plaintiff's proposed ten to fifteen per cent range, and the plaintiff's solicitors expressly told the Tribunal that they left apportionment of contribution to it. The plaintiff therefore had an opportunity to make submissions on the issue and chose not to do so.

Jurisdiction
Australia
Judgment Date
01 March 2005
Procedural Posture
Civil Appeal Under the Victims Support and Rehabilitation Act 1996 / Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal and Appeal
Outcome
Leave to appeal granted; appeal dismissed; no order as to costs by consent.
Legal Topics
['procedural Fairness' 'natural Justice' 'contributory Conduct' 'statutory Compensation']
['victims Compensation' 'administrative Law'] ['procedural Fairness' 'natural Justice' 'contributory Conduct' 'statutory Compensation']

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Procedural Posture

Civil Appeal Under the Victims Support and Rehabilitation Act 1996 / Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal and Appeal

Legal Issues

  1. 1 ['Whether the plaintiff was denied natural justice or procedural fairness because the Tribunal did not notify him that it was considering assessing contributory conduct at more than fifteen per cent.' 'Whether contributory conduct and the level of reduction were matters that were before the Tribunal for determination.']

Ratio Decidendi

There was no denial of natural justice or procedural fairness because contributory conduct and its level were plainly matters for the Tribunal, the Act required the Tribunal to consider them, the assessor's reasons had identified difficulty with the plaintiff's proposed ten to fifteen per cent range, and the plaintiff's solicitors expressly told the Tribunal that they left apportionment of contribution to it. The plaintiff therefore had an opportunity to make submissions on the issue and chose not to do so.

Court Disposition

Leave to appeal granted; appeal dismissed; no order as to costs by consent.

Orders

  • ['On the motion, leave granted to the plaintiff to appeal pursuant to s 39(1) of the Victims Support and Rehabilitation Act 1996.' 'Appeal dismissed.' 'By consent, no order as to costs.' 'The exhibit is to be returned to the Tribunal on the expiry of twenty-eight days from 1 March 2005 in the absence of an appeal.']