KEEN v VICTIMS COMPENSATION FUND CORPORATION [1997] NSWCA 172

KEEN v VICTIMS COMPENSATION FUND CORPORATION [1997] NSWCA 172

There was no jurisdictional error or denial of natural justice as the judge applied the correct statutory test and gave the claimant every opportunity to provide evidence; the arguments were unsustainable and the claim was dismissed.

Parties
Claimant: Keen; Respondent: Victims Compensation Fund Corporation
Jurisdiction
Australia
Judgment Date
30 April 1997
Procedural Posture
Appeal / Judgment
Outcome
summons dismissed with costs
Legal Topics
Prerogative Relief, Jurisdictional Error, Natural Justice
Criminal Injuries Compensation Prerogative Relief Jurisdictional Error Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Keen

Claimant

Victims Compensation Fund Corporation

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Twigg DCJ committed jurisdictional error by incorrectly stating the question for determination under the Victims Compensation Act 1987
  2. 2 Whether there was a denial of natural justice in the conduct of the hearing before Twigg DCJ

Ratio Decidendi

There was no jurisdictional error or denial of natural justice as the judge applied the correct statutory test and gave the claimant every opportunity to provide evidence; the arguments were unsustainable and the claim was dismissed.

Court Disposition

summons dismissed with costs

Orders

  • The summons is dismissed.
  • Costs awarded against the claimant.