Victims Compensation Fund Corporation v Brown [2003] HCA 54

Victims Compensation Fund Corporation v Brown [2003] HCA 54

The word 'and' in 'symptoms and disability' in cl 5(a) of Sched 1 to the Victims Support and Rehabilitation Act 1996 (NSW) is to be given its ordinary conjunctive meaning. Thus, compensation for the compensable injury of shock is payable only if both symptoms and disability persist for more than six weeks. The...

Source-derived case information.

Parties
Appellant: Victims Compensation Fund Corporation; Respondent: Scott Brown; Respondent: Second respondent; Respondent: Third respondent
Jurisdiction
Australia
Judgment Date
30 September 2003
Procedural Posture
Appeal / High Court Appeal From Court of Appeal of the Supreme Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Victims Compensation, Interpretation of 'and' Vs 'or' in Statute, Eligibility for Compensation for Shock
Criminal Law Statutory Interpretation Victims Compensation Interpretation of 'and' Vs 'or' in Statute Eligibility for Compensation for Shock

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Parties

Victims Compensation Fund Corporation

Appellant

Scott Brown

Respondent

Second respondent

Respondent

Third respondent

Respondent

Procedural Posture

Appeal / High Court Appeal From Court of Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether in cl 5(a) of Sched 1 to the Victims Support and Rehabilitation Act 1996 (NSW) the word 'and' in 'symptoms and disability' is conjunctive (and) or disjunctive (or)
  2. 2 Eligibility for compensation for shock under the statute

Ratio Decidendi

The word 'and' in 'symptoms and disability' in cl 5(a) of Sched 1 to the Victims Support and Rehabilitation Act 1996 (NSW) is to be given its ordinary conjunctive meaning. Thus, compensation for the compensable injury of shock is payable only if both symptoms and disability persist for more than six weeks. The respondents, who had symptoms but no disability, were not eligible for compensation for shock under the Act.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Orders 1 and 2 of the Court of Appeal of the Supreme Court of New South Wales made on 28 May 2002 are set aside.