TURNER v VCFC (No 2) [2006] NSWDC 134

New South Wales District Court

CITATION: TURNER v VCFC (No 2) [2006] NSWDC 134

HEARING DATE(S): 7 December 2006 EX TEMPORE JUDGMENT DATE : 12/07/2006

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Order 3 (of 19.11.03) is amended to read - It would appear to be appropriate that the appellant have the costs of the procedures before the assessor and the Tribunal member and I so order 2. Costs of this application are to be paid by the Corporation 3. The affidavit material and the letter are returned noting for the record that the request for payment of the fee of the approved report writer was abandoned.

CATCHWORDS: POWER OF DISTRICT COURT TO ORDER COSTS OF TRIBUNAL PROCEEDINGS

LEGISLATION CITED: Victims Support & Rehabilitation Act 1996

CASES CITED: VCFC v Ainsworth & anor 51 NSWLR 466

PARTIES: David William TURNER VICTIMS COMPENSATION FUND CORPORATION

FILE NUMBER(S): Newcastle 305/03

Appellant - C A W Hart COUNSEL: Respondent - solicitor agent for Corporation

Bale Boshev SOLICITORS: Victims Compensation Fund Corporation

JUDGMENT

HER HONOUR

1 In this matter, proceedings came before this Court by way of an appeal brought under the Victims Support and Rehabilitation Act 1996. The proceedings were heard and determined on 19 November 2003 pursuant to section 39 of the Act. In determining the appeal, I made the following orders: 1. That the determination of the Tribunal be set aside and the matter remitted to the Tribunal to be considered and determined again by the Tribunal either with or without the hearing of further evidence in accordance with my decision on the question of law. 2. That the appellant is to have the costs of the appeal to this Court. 3. It would appear appropriate that the appellant have the costs of the procedures before the assessor and the Tribunal member. 4. The Tribunal file was returned.