Re An Application Under the Criminal Injuries Compensation Act 1983 and Scott Fitzgerald Bhnf Verlie Fitzgerald [1994] ACTSC 211 (9 June 1994)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 AND SCOTT FITZGERALD BHNF VERLIE FITZGERALD
No. CIC32 of 1994
Number of pages - 2

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
MASTER A HOGAN

HEARING

CANBERRA, 2 June 1994
9:6:1994

Counsel for the Applicant: Mr D Claxton
Instructing Solicitors: Wood Fussell

Counsel for the Respondent: Mr K Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:

1. Compensation be awarded to the applicant in the sum of $4,628.00.
2. The amount of compensation be paid into Court.
3. The sum of $128.00 be paid out to the solicitor for the applicant,
for the disbursements incurred in bringing the application.
4. The balance, namely $4,500.00, be paid out to the Public Trustee
to be dealt with in accordance with the Public Trustee Act for the
benefit of the applicant.

THE COURT DIRECTS THAT:

The Public Trustee pay, out of the monies held on trust for the
applicant, the taxed professional costs of the solicitor for the
applicant, upon receipt of the Certificate of the Registrar of this
Court as to the proper amount of those costs.

DECISION

MASTER A HOGAN This is an application for compensation made under the Criminal Injuries Compensation Act 1983.

2. The applicant is the son of Verlie Fitzgerald, the applicant in CIC 31 of 1994. He was born on 2 September 1988.

3. The circumstances of the robbery which caused injury to his mother, and the extent of that injury, are set out in my reasons for decision in her application, and need not be repeated here.

4. A short time after the incident she noticed changes in Scott's behaviour which concerned her. She consulted Dr White, psychiatrist, about his condition also.

5. He had a range of anxieties. He expressed fears of robbers coming into his room at night. He was anxious about her going to work. He would not go to friends' houses without her. His sleep was disturbed. He became withdrawn and unwilling to go on outings.

6. Dr White interviewed him , so far as it was possible, on 21 October 1993. He did not want to talk about the robber. Dr White diagnosed an anxiety state. His prognosis in October 1993 was for gradual improvement over several months.

7. He has still not completely recovered. Although his anxieties have largely subsided, they still continue. He could not but be affected by his mother's continuing severe anxiety state.

8. The costs of bringing the application were $128.00. For his pain and suffering I award $4,500.00.

9. I award compensation to the applicant of $4,628.00. I order the amount of compensation to be paid into Court. I order the sum of $128.00 to be paid out to the solicitor for the applicant, for the disbursements incurred in bringing the application.

10. I order the balance, namely $4,500.00, to be paid out to the Public Trustee to be dealt with in accordance with the Public Trustee Act for the benefit of the applicant.

11. I direct the Public Trustee to pay, out of the monies held on trust for the applicant, the taxed professional costs of the solicitor for the applicant, upon receipt of the Certificate of the Registrar of this Court as to the proper amount of those costs.