Lin v Commissioner of Victims Rights [2024] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: Lin v Commissioner of Victims Rights [2024] NSWSC 423 Hearing dates: 27 March 2024 Date of orders: 22 April 2024 Decision date: 22 April 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The orders Ms Lin sought be refused and the proceedings be dismissed; and (2) Unless the parties approach to be heard within 14 days with short written submissions, the Court's order will be that Ms Lin bear the Commissioner's costs of the proceedings, as agreed or assessed. Catchwords: STATUTORY INTERPRETATION – application to set aside restitution order made under s 59(2)(b) of the Victims Rights and Support Act 2013 (NSW) – whether proceedings in which plaintiff was convicted and sentenced for assault were civil or criminal – section 3 of the Civil Procedure Act 2005 (NSW) – definition of "civil proceedings" – definition of "criminal proceedings" – proceedings were correctly characterised as criminal – challenged order cannot be set aside – proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 3 Crimes Act 1900 (NSW), s 59 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3-5, 9-10 Victims Rights and Support Act 2013 (NSW), ss 4, 17, 20, 23, 54, 57, 59 Cases Cited: Lin v Commissioner of Victim Rights [2023] NSWCATAP 302 Malek Fahd Islamic School Ltd v Minister for Education and Early Learning (2023) 111 NSWLR 585; [2023] NSWCA 143 R v Mauger [2012] NSWCCA 51 Texts Cited: Australian Law Reform Commission, Family Violence – A National Legal Response (ALRC Report 114), (November 2010) Category: Principal judgment Parties: Huai Ning Lin (Plaintiff) Commissioner of Victims Rights (First Defendant) NSW Civil and Administrative Tribunal (Second Defendant) Representation: Counsel: E Dunlop (Defendants)