Couley v Victims Compensation Fund Corporation [1999] NSWDC 6

Couley v Victims Compensation Fund Corporation [1999] NSWDC 6

The Tribunal made an error of law by interpolating the word "significant" into cl 5 of Sch 1 where the clause provides that relevant disabilities include impaired work or school or other educational performance without requiring that impairment to be significant.

Jurisdiction
Australia
Judgment Date
29 November 1999
Procedural Posture
Victims Compensation Appeal / Application for Leave to Appeal From a Determination of the Victims Compensation Tribunal on a Question of Law
Outcome
Matter remitted to the Victims Compensation Tribunal to be determined according to the District Court's construction of cl 5 of Sch 1.
Legal Topics
['disability Under Schedule 1(5)' 'shock' 'impaired Work or School or Other Educational Performance' 'remittal to Tribunal']
['victims Compensation' 'administrative Law' 'statutory Interpretation'] ['disability Under Schedule 1(5)' 'shock' 'impaired Work or School or Other Educational Performance' 'remittal to Tribunal']

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Procedural Posture

Victims Compensation Appeal / Application for Leave to Appeal From a Determination of the Victims Compensation Tribunal on a Question of Law

Legal Issues

  1. 1 ['Whether the Victims Compensation Tribunal correctly construed "disability" in cl 5 of Sch 1 of the Victims Compensation Act 1996.' 'Whether "impaired work or school or other educational performance" in cl 5 of Sch 1 requires significant impairment.']

Ratio Decidendi

The Tribunal made an error of law by interpolating the word "significant" into cl 5 of Sch 1 where the clause provides that relevant disabilities include impaired work or school or other educational performance without requiring that impairment to be significant.

Court Disposition

Matter remitted to the Victims Compensation Tribunal to be determined according to the District Court's construction of cl 5 of Sch 1.

Orders

  • ['The matter is remitted to the Tribunal to determine the relevant disabilities to include impaired work or school or other educational performance without determining whether such impairment is significant.' "The respondent is to pay the appellant's costs of the motion and appeal as agreed or assessed."]