Everson v Victims Compensation Fund Corporation [2000] NSWDC 3

Everson v Victims Compensation Fund Corporation [2000] NSWDC 3

The Tribunal committed an error of law because, although it referred to the balance of probabilities, the tenor of its reasons showed that it applied proof beyond reasonable doubt or an impermissible intermediate standard, and it also relied on irrelevant considerations. The required question was whether it was more probable than not that the applicant suffered injury as a result of an act of violence.

Jurisdiction
Australia
Judgment Date
19 October 2000
Procedural Posture
Application for Leave to Appeal Against a Decision of the Victims Compensation Tribunal / Extension of Time, Leave to Appeal and Appeal
Outcome
Extension of time granted, leave to appeal granted, appeal upheld.
Legal Topics
['leave to Appeal' 'standard of Proof' 'balance of Probabilities' 'error of Law' 'act of Violence']
['victims Compensation' 'administrative Law' 'evidence'] ['leave to Appeal' 'standard of Proof' 'balance of Probabilities' 'error of Law' 'act of Violence']

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

Application for Leave to Appeal Against a Decision of the Victims Compensation Tribunal / Extension of Time, Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the decision of the Victims Compensation Tribunal.' 'Whether the Tribunal erred in law by applying a standard of proof higher than the balance of probabilities under s 29(2) of the Victims Compensation Act 1996.' "Whether the Tribunal took irrelevant matters into account, including the Director of Public Prosecutions' decision not to proceed with a new trial and general views about psychological or psychiatric evidence."]

Ratio Decidendi

The Tribunal committed an error of law because, although it referred to the balance of probabilities, the tenor of its reasons showed that it applied proof beyond reasonable doubt or an impermissible intermediate standard, and it also relied on irrelevant considerations. The required question was whether it was more probable than not that the applicant suffered injury as a result of an act of violence.

Court Disposition

Extension of time granted, leave to appeal granted, appeal upheld.

Orders

  • ['I grant an extension of time to appeal this court pursuant to order 1. sought in the notice of motion dated 16 August 2000.' 'I grant leave to appeal and I uphold the appeal.' 'The leave application is granted, and the appeal is upheld.']