Esso Australia Pty Ltd v Robertson

[2005] VSCA 138

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Compensation orders
4. › Compensation for injury directly resulting from offence
5. › Whether application for compensation for pain and suffering subject to restrictions in Part VBA of Wrongs Act 1958
6. › Whether claim for 'recovery of damages' for non-economic loss
7. › Sentencing Act 1991 (Vic), s 85B
8. › Wrongs Act 1958 (Vic), ss 28C, 28G, 28LC, 28LE, 28LF, 28LZQ(3)
1. Criminal Law
2. › Sentencing
3. › Compensation orders
4. › Quantum
5. › Whether award of $100,000 manifestly excessive
6. › Post-traumatic stress disorder from witnessing gas plant explosion
7. › Sentencing Act 1991 (Vic), s 85B(1), (2), (4)
1. Criminal Law
2. › Sentencing
3. › Appeal
4. › Against compensation order
5. › By offender convicted on presentment
6. › Whether application for compensation a criminal proceeding
7. › Whether leave to appeal necessary
8. › Crimes Act 1958 (Vic), ss 566, 567(d)
9. › Supreme Court Act 1986 (Vic), ss 17(2), 17A(3)
1. Practice and Procedure
2. › Judgments and orders
3. › Reasons for judgment
4. › Publication
5. › Delivery of reasons by email
6. › Whether permissible

Quick Take

Compensation orders under s.85B of the Sentencing Act 1991 are not subject to the 'significant injury' threshold in Part VBA of the Wrongs Act 1958, because 'damages' in Part VBA bears its ordinary meaning and does not include criminal compensation. A s.85B application is a criminal proceeding requiring leave to appeal under s.567(d) of the Crimes Act 1958. A statutory cap on damages does not represent the top of a graduated scale for assessing compensation; it is a jurisdictional limit only.