Daher v Victims Compensation Fund Corporation [2001] NSWDC 25

Daher v Victims Compensation Fund Corporation [2001] NSWDC 25

No error of law was demonstrated. The Magistrate's reasoning was not dependent on the inconsistencies alleged by the applicant, and it was open to the decision maker to treat the later statement as not contemporaneous, to be concerned by the lack of sworn evidence, and to reason about the inherent likelihood of the alleged chase and assault.

Jurisdiction
Australia
Judgment Date
15 November 2001
Procedural Posture
Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal / Leave to Appeal; Application to Produce Further Evidence Refused
Outcome
Notice of motion dismissed; each party to bear their own costs.
Legal Topics
['question of Law' 'act of Violence' 'error of Law' 'desk Review' 'fresh or Further Evidence']
['victims Compensation' 'administrative Law' 'appeals'] ['question of Law' 'act of Violence' 'error of Law' 'desk Review' 'fresh or Further Evidence']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal From a Decision of the Victims Compensation Tribunal / Leave to Appeal; Application to Produce Further Evidence Refused

Legal Issues

  1. 1 ["Whether the Tribunal's decision involved an error of law in concluding that the applicant had not established an act of violence or assault." 'Whether the Magistrate relied on irrelevant considerations, matters with no evidence, misunderstood primary facts, misapplied the law, or failed to address inconsistent facts.' 'Whether leave to produce further evidence should be granted.']

Ratio Decidendi

No error of law was demonstrated. The Magistrate's reasoning was not dependent on the inconsistencies alleged by the applicant, and it was open to the decision maker to treat the later statement as not contemporaneous, to be concerned by the lack of sworn evidence, and to reason about the inherent likelihood of the alleged chase and assault.

Court Disposition

Notice of motion dismissed; each party to bear their own costs.

Orders

  • ['The notice of motion is dismissed.' 'Each party bear their own costs.']