Symons v VCFC [2002] NSWDC 12

New South Wales District Court

CITATION : Symons v VCFC [2002] NSWDC 12 TRIBUNAL : Victims Compensation Tribunal PARTIES : Bevin Symons Victims Compensation Fund Corporation FILE NUMBER(S) : 290 of 2002 CORAM: Twigg DCJ CATCHWORDS: exceptional circumstances - further evidence or material - s38(3) - special grounds LEGISLATION CITED: Victims Support and Rehabilitation Act 1996 District Court Act 1973 CASES CITED: Victims Compensation Fund Corporation v Sarah Jane Hill [2002] NSWCA 75 DATES OF HEARING: 5 December 2002 DATE OF JUDGMENT: 5 December 2002

JUDGMENT:

HIS HONOUR JUDGE TWIGG QC: There is before this District Court, the hearing of an appeal by the applicant, Bevin Symons, from a determination of the Victims Compensation Fund Corporation. That notice of appeal is dated 8 November 2002 and sets out the questions of law sought to be argued on the appeal. There is a notice of motion and also a notice of appeal to commence proceedings, both dated 8 November 2002, they in many respects cover the same ground, particularly the historical background.

Since the amendment of the Victims Compensation legislation, this Court is restricted in its role by way of appeal to this Court, to questions of law. S 39 of the Victims Support and Rehabilitation Act 1996 is in the following terms: "39. Appeals to the District Court on questions of law:

(1) An applicant for statutory compensation may, with the leave of the District Court, appeal to the District Court on a question of law arising in any determination of the application by the Tribunal."

I omit (2).

(3) For the purposes of this section the following matters are not questions of law: