Victims Compensation Fund Corporation v District Court of New South Wales & Ors [2001] NSWCA 241

New South Wales Court of Appeal

CITATION : Victims Compensation Fund Corporation v District Court of New South Wales & Ors [2001] NSWCA 241 FILE NUMBER(S) : CA 40184/01 HEARING DATE(S) : 24 July 2001 JUDGMENT DATE : 24 July 2001

Victims Compensation Fund Corporation (Claimant) PARTIES : District Court of New South Wales (First Opponent) Natasha Rae Jenkins (Second Opponent) Crystal Jane Jenkins (Third Opponent) JUDGMENT OF : Handley JA at 1, 23; Stein JA at 27; Heydon JA at 2

LOWER COURT JURISDICTION : District Court LOWER COURT DC 34/00 FILE NUMBER(S) : LOWER COURT McGuire DCJ JUDICIAL OFFICER :

COUNSEL : Mr P I Lakatos (Claimant) Mr R F Driver (Second and Third Opponents) SOLICITORS : I V Knight (Claimant) Peninsula Law (Second and Third Opponents) CATCHWORDS : Administrative Law - Prerogative proceedings - Summons in the nature of certiorari quashing orders of District Court - Claim of error on the face of the record - Discretionary factors - Where seven month time delay in commencing proceedings and seeking remedy - Where claimant familiar with statute in relation to which claim made - Where amendments to relevant statute had occurred since events in issue - Where few factual findings contained within the record - Summons dismissed - Victims' Compensation - Summons in the nature of certiorari quashing orders of District Court allowing appeal from decision of Chairperson of Victims Compensation Tribunal - Summons dismissed for discretionary reasons - ND LEGISLATION CITED : Victims Support and Rehabilitation Act 1996 DECISION : Summons dismissed with costs