Commissioner of Victims Rights v Lechminka [2022] NSWCATAP 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Victims Rights v Lechminka [2022] NSWCATAP 185 Hearing dates: 27 May 2022 Date of orders: 27 May 2022 Decision date: 08 June 2022 Jurisdiction: Appeal Panel Before: K Ransome, Senior Member G Furness SC, Senior Member Decision: (1) The appeal is allowed. (2) The decision of the Tribunal made on 28 January 2022 is set aside. (3) The matter is remitted to the Administrative and Equal Opportunity Division of the Tribunal for determination in accordance with law. Catchwords: APPEAL – victims rights – restitution order made against offender – no evidence to support finding of fact – application of repealed legislative provision – wrong principle of law applied Legislation Cited: Civil and Administrative Tribunal Act 2013 Victims Rights and Support Act 2013 Victims Rights and Support Amendment (Statutory Review) Act 2018 Cases Cited: Orr v Cobar Management Pty Limited [2020] NSWCCA 220 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Category: Principal judgment Parties: Commissioner of Victims Rights (Appellant) Raymond Lechminka (Respondent) Representation: K Douch (Employed Solicitor) (Appellant) N Lee-Mays (Agent) (Respondent) File Number(s): 2022/00055622 Publication restriction: The publication of the name of the victim referred to in this decision is prohibited (s 64 (1) Civil and Administrative Tribunal Act 2013) Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 31 Date of Decision: 28 January 2022 Before: M Riordan, Senior Member File Number(s): 2021/00189897