Cumbamani v Commissioner of Victims Rights [2023] NSWCATAP 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cumbamani v Commissioner of Victims Rights [2023] NSWCATAP 118 Hearing dates: 21 April 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member D Robertson, Senior Member Decision: 1. Extend the time for lodging the Notice of Appeal to 11 January 2023. 2. Allow the appeal. 3. Set aside the orders of the Tribunal of 9 December 2022. 4. Remit the application to the Administrative and Equal Opportunity Division, differently constituted, for determination in accordance with these reasons on the basis of the evidence previously filed and such further evidence as the parties wish to rely upon. Catchwords: ADMINISTRATIVE LAW- Victims Rights and Support – whether order for restitution under s 67(2A) of the Victims Rights and Support Act 2013 (NSW) was made within time – whether or not the discretion to reduce the restitution order under s 69 of the Victims Rights and Support Act 2013 (NSW) miscarried – whether or not the statement of principle in Connor v R [2005] NSWCCA 431 at [41(iii)] governs the exercise of the discretion to reduce a restitution order under s 69 of the Victims Rights and Support Act 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Victims' Support and Rehabilitation Act 1996 (NSW) Cases Cited: Connor v R [2005] NSWCCA 431 Hacienda Caravan Park Pty Ltd v Mountford [2020] NSWCATAP 85 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 Flynn v R [2010] NSWCCA 171 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kabir v Commissioner of Victims Rights [2015] NSWCATAD 172 Victims Compensation Fund Corporation v Brown [2003] HCA 54; 77 ALJR 1797 Texts Cited: Nil Category: Principal judgment Parties: Thots Cumbamani (Appellant) Commissioner of Victims Rights (Respondent) Representation: Mr P Corliss (Appellant) Ms K Douch (Respondent) File Number(s): 2023/00011522 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2022] NSWCATAD 386 Before: M Riordan, Senior Member File Number(s): 2022/00209598