Re An Application Under the Criminal Injuries Compensation Act 1983 and Tony Obad [1996] ACTSC 16 (28 March 1996)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
1983 and TONY OBAD
No. CIC 268 of 1995
Number of pages - 3

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
MASTER T CONNOLLY

HEARING

CANBERRA, 28 March 1996
28:3:1996
Date of Reasins for Decision 4 April 1996

Counsel for the Applicant: Mr W Baxter

Instructing Solicitors: Scott Sheils and Glover

Counsel for the Territory: Mr K Holmes

ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
1. Compensation be awarded to the applicant in the sum of $50,000.

DECISION

MASTER T CONNOLLY This is an application for compensation under the Criminal Injuries Compensation Act 1983. The Applicant, Tony Obad, is a young man who was viciously assaulted in Civic on 14 October 1994 at or about 1.00am. As a result of this attack, for which three offenders have been sentenced to terms of imprisonment in the Supreme Court, Mr Obad suffered very severe injuries, and indeed is lucky to be alive. Having read the application for compensation and the supporting documents, and noting the view of Counsel for the Australian Capital Territory, I had no hesitation in coming to the conclusion on the date of the hearing that this is properly a matter where the maximum permissable compensation, that is $50,000, should be awarded, and I so ordered at the hearing. These are my reasons.

2. Mr Obad had come to Civic on the evening of Thursday 13 October 1994 to enjoy a few drinks in the company of his friends. As he was working on the Friday he left some friends at a Civic Nightclub and commenced to walk towards Turner where he was to stay the night between 12.30 and 12.50 am. As Mr Obad was walking past the Canberra City Post Office in Alinga Street a car pulled into a parking space nearby. Mr Obad said "G'day mate" to the vehicle.

3. Following this innocuous remark a group of males emerged from the vehicle, and confronted Mr Obad. What follows is a sorry tale indeed. He was pursued and viciously assaulted, being kicked about the head and body in a brutal and unprovoked assault. He was then left, unconscious, in the streets of Canberra.

4. Mr Obad was taken to Woden Valley Hospital, where he was transferred to the Intensive Care Unit and surgery was required to relieve pressure to his brain. Further surgery was needed before Mr Obad revived from his deep coma after sixteen days. There is no doubt from the medical reports before me that Mr Obad is lucky to be alive. He has, fortunately, made substantial improvement, but he still suffers from the effects of this injury, with blurring of vision, giddiness and memory disturbance, as well as weakness of the left lower limb, some slurrng of speech and some degree of imbalance. He has not been able to return to his former employment as a contractor.

5. I have no doubt that this is an appropriate case where the statutory maximum compensation should be awarded, and I so ordered at the hearing of the matter. It should also be recorded that it is apparant from reading the papers on this matter that Mr Obad's mother has stood by and assisted her son in a remarkable manner, and the fact that he has made a recovery from this appalling assault is a tribute to her, as well as to his own powers of resiliance and will. The sum of $50,000 can in no way "compensate" Mr Obad for this assault, but it is most appropriate that the maximum be awarded. The concession to this effect by Mr Holmes, Counsel for the Australian Capital Territoy, was most appropriate, and it spared Mr Obad and his family the need to go through, yet again , this terrible incident.

6. I award compensation in the sum of $50,000 in this matter.