Syron v Victims Compensation Fund Corporation [1999] NSWDC 20

Syron v Victims Compensation Fund Corporation [1999] NSWDC 20

The tribunal member erred in law by approaching clause 5 on the basis that disability required significant impairment or significant adverse effects in an important area of functioning, because the text did not impose that significance requirement generally and the evidence included matters such as sexual dysfunction bringing the appellant within clause 5.

Jurisdiction
Australia
Judgment Date
06 October 1999
Procedural Posture
Appeal From Victims Compensation Tribunal on a Point of Law / Leave to Appeal Granted; Appeal Allowed and Remitted
Outcome
Leave to appeal granted; appeal allowed; matter remitted to the tribunal; respondent to pay the appellant's costs of the appeal as taxed or agreed.
Legal Topics
['shock' 'post Traumatic Stress Disorder' 'disability Under Schedule 1(5)' 'error of Law']
['victims Compensation' 'administrative Law'] ['shock' 'post Traumatic Stress Disorder' 'disability Under Schedule 1(5)' 'error of Law']

Case Brief

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Procedural Posture

Appeal From Victims Compensation Tribunal on a Point of Law / Leave to Appeal Granted; Appeal Allowed and Remitted

Legal Issues

  1. 1 ['Whether the tribunal member erred in law by requiring a significant impairment or significant adverse effect in an important area of functioning to constitute a disability under clause 5.' "Whether the appellant's post traumatic stress disorder and associated symptoms fell within clause 5."]

Ratio Decidendi

The tribunal member erred in law by approaching clause 5 on the basis that disability required significant impairment or significant adverse effects in an important area of functioning, because the text did not impose that significance requirement generally and the evidence included matters such as sexual dysfunction bringing the appellant within clause 5.

Court Disposition

Leave to appeal granted; appeal allowed; matter remitted to the tribunal; respondent to pay the appellant's costs of the appeal as taxed or agreed.

Orders

  • ['I grant leave to appeal.' 'The appeal is allowed.' 'Remitted to the tribunal to be determined in accordance with my judgment.' "The respondent to pay the appellant's costs as taxed or agreed, of this appeal."]