Budd v Victims Compensation Corporation Fund [2009] NSWDC 35

New South Wales District Court

CITATION: Budd v Victims Compensation Corporation Fund [2009] NSWDC 35

HEARING DATE(S): 20 February 2009 EX TEMPORE JUDGMENT DATE : 20 February 2009

JURISDICTION: Civil

JUDGMENT OF: Goldring DCJ

DECISION: Leave to appeal refused

CATCHWORDS: ADMINISTRATIVE LAW - Victims Compensation Tribunal - whether error of law

LEGISLATION CITED: Victims Support and Rehabilitation Act 1996

Bridgman v The Victims Compensation Fund Corporation [2008] NSWDC 153 CASES CITED: Beale v The Government Insurance Office of New South Wales (1997) 48 NSWLR 430 East Side Scaffolding v Kazic [2008] NSWCA 146 Pettit v Dunkley (1971) NSWLR 176

PARTIES: Pamela Joan Budd (Plaintiff) Victims Compensation Fund Corporation (Defendant)

FILE NUMBER(S): 5377 of 2008

COUNSEL: G McGrath (Plaintiff) J McAteer, solicitor (Defendant)

SOLICITORS: Remington & Co Solicitors (Plaintiff) Victims Compensation Fund Advocacy Unit (Defendant)

JUDGMENT

1 HIS HONOUR: This appears to be an application by the plaintiff for an order that an appeal from a decision of the Victims Compensation Tribunal be upheld. The orders sought appear to constitute an appeal, and if so, pursuant to s 39(1) of the Victims Support and Rehabilitation Act 1996, the leave of this court is required, and the appeal can only be on a question of law.

2 While there appears to be a defect in the form of the application, in the course of argument, I was able to determine from the grounds set out in the summons and the material tendered by the plaintiff, that the plaintiff alleges that the decision of the Tribunal, constituted in this case by its chairperson on 5 August 2008, contains three alleged errors of law.