Symons v VCFC [2002] NSWDC 12

Symons v VCFC [2002] NSWDC 12

There was no error of law in the Tribunal's determination refusing to receive the Donnelly report because it had not been shown that the evidence could not have been obtained with reasonable diligence before the assessor's determination; ample opportunity had been given to obtain the report, and the Court was not satisfied that it would make the difference suggested.

Jurisdiction
Australia
Judgment Date
05 December 2002
Procedural Posture
Appeal to the District Court From a Determination of the Victims Compensation Fund Corporation/victims Compensation Tribunal / Hearing of Appeal on a Question of Law
Outcome
Appeal rejected.
Legal Topics
['exceptional Circumstances' 'further Evidence or Material' 'questions of Law' 'reasonable Diligence' 'costs']
['victims Compensation' 'administrative Law' 'appeals'] ['exceptional Circumstances' 'further Evidence or Material' 'questions of Law' 'reasonable Diligence' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal to the District Court From a Determination of the Victims Compensation Fund Corporation/victims Compensation Tribunal / Hearing of Appeal on a Question of Law

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by rejecting the report of psychologist James Donnelly.' 'Whether special grounds or exceptional circumstances existed for the reception of further evidence or material.' "Whether the Donnelly report could have been obtained with reasonable diligence before the assessor's determination."]

Ratio Decidendi

There was no error of law in the Tribunal's determination refusing to receive the Donnelly report because it had not been shown that the evidence could not have been obtained with reasonable diligence before the assessor's determination; ample opportunity had been given to obtain the report, and the Court was not satisfied that it would make the difference suggested.

Court Disposition

Appeal rejected.

Orders

  • ['The appeal is rejected.' 'No order as to the costs of this appeal.']