SADDI v VICTIMS COMPENSATION FUND (Sic) and ANOR [1997] NSWCA 270

SADDI v VICTIMS COMPENSATION FUND (Sic) and ANOR SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P, SHELLER and POWELL JJA 2 March 1997, 2 March 1997

[1997] NSWCA 270

Inferior Courts — District Court — Appeal to Supreme Court — From what decisions — "Judgment or order in an action" — Appeal to District Court from determination of Victims Compensation Tribunal not "an action" — No appeal to Supreme Court from Judgment or order of District Court on such an appeal

District Court Act 1973 s4, s44, s127 Grzybowicz v Smiljanic [1980] 1 NSWLR 627 Prerogative Writs - Certiorari - Grounds for - Error on face of record - District Court - Dismissal of appeal from Victims Compensation Tribunal Director-General of Attorney-General's Department v District Court of New South Wales (1993) 32 NSWLR 409 Torrealba v District Court of New South Wales (1996) 40 NSWLR 327

Powell JA By Summons filed 22 October 1997 the Claimant, Mr Saddi, who appears in person today, seeks to have this Court "review" the judgment of Patten DCJ delivered 8 November 1996 when his Honour dealt with an appeal which had been lodged by the Claimant in respect of the dismissal by the Victims Compensation Tribunal ("the Tribunal") of applications made by him for compensation in respect of some seven incidents which he claimed involved criminal assaults upon him by various people.

There is no right of appeal from the District Court to this Court in respect of a judgment given by a judge of the District Court on such an application, the right of appeal given by s127 of the District Court Act 1973 being limited to judgments or orders "in an action" and a proceeding of the type with which Patten DCJ was dealing is not "an action" (see Grzybowicz v Smiljanic [1980] 1 NSWLR 627). The only remedy available to a person in the position of the Claimant who seeks to challenge an order such as was made by Patten DCJ is an application for judicial review seeking an order which is prerogative in nature (see Director General of the Attorney General's Department v District Court of New South Wales & Stark (1993) 32 NSWLR 409, 411 per Mahoney JA (as he then was) Torrealba v District Court of New South Wales (1996) 40 NSWLR 327).