Mangan v Victims Compensation Fund Corporation [1999] NSWDC 14

New South Wales District Court

CITATION : Mangan v Victims Compensation Fund Corporation [1999] NSWDC 14 TRIBUNAL : Victims Compensation Tribunal PARTIES : Margaret Mangan Victims Compensation Fund Corporation FILE NUMBER(S) : 128 of 1999 CORAM: Twigg DCJ CATCHWORDS: s36 - exceptional circumstances - leave :- appeal out of time LEGISLATION CITED: Victims Compensation Act 1996 CASES CITED: Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 DATES OF HEARING: 18/10/99 DATE OF JUDGMENT: 18 October 1999 LEGAL REPRESENTATIVES: Williams Quickenden

JUDGMENT: JUDGMENT HIS HONOUR: This is an appeal to the District Court of New South Wales as to a matter of law pursuant to section 39 of the 1996 Victims Compensation Act . Section 39 allows an applicant/appellant to appeal with the leave of the District Court to the District Court on a question of law arising "in any determination of the application by the Tribunal." Sub-paragraph 5 of that section gives a discretion to the District Court because of the use of the word may: "2(b) Set aside the determination and remit the matter to be considered and determined by the Tribunal (either with or without the hearing of further evidence) in accordance with the decision of the District Court on the question of law concerned."

The decision of the Tribunal through Mr Gabb, Magistrate, is dated 19 May 1999. The genesis of that decision relates to section 36(3)(b) which is in the following terms: "36. Appeal to Tribunal by Applicant.

(3) An appeal may be made:

(a) Within the period of three months after the date on which the relevant notice of determination made by the compensation assessor or director was duly served on the person; or