Lin v Commissioner of Victims Rights [2024] NSWCA 226

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lin v Commissioner of Victims Rights [2024] NSWCA 226 Hearing dates: 16 September 2024 Date of orders: 16 September 2024 Decision date: 16 September 2024 Before: Kirk JA Decision: (1) The appeal commenced by notice of appeal filed on 18 July 2024 is dismissed as incompetent. (2) Appellant to pay the respondent's costs of the appeal. Catchwords: CIVIL PROCEDURE – Court of Appeal – Objection to competency of appeal – Where leave to appeal required but not sought COSTS – Costs of appeal which dismissed as incompetent – Minor and inconsequential delay in service of motion – No reason costs not to follow event Legislation Cited: District Court Act 1973 (NSW), s 127(2)(c) Electronic Transactions Act 2000 (NSW), Sch 1 cl 13 Supreme Court Act 1970 (NSW), s 101(1), 101(2) Victims Rights and Support Act 2013 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 10.5, 51.22, 51.41 Cases Cited: Condensing Vaporisers Aust Pty Ltd trading as RJ Tinker & Son v FDC Construction & Fitout Pty Ltd (No 2) [2014] NSWCA 89; (2014) 86 NSWLR 360 Toth v State of New South Wales [2022] NSWCA 185 Category: Principal judgment Parties: H N Lin (Appellant) (Self-represented) Commissioner of Victims Rights (Respondent) Representation: Counsel: E Dunlop (Respondent)

Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 2024/178467 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2024] NSWSC 423 Date of Decision: 22 April 2024 Before: Schmidt AJ File Number(s): 2023/423037