Victims Compensation Fund Corporation v District Court of New South Wales and Anor [2002] NSWCA 355

New South Wales Court of Appeal

CITATION : Victims Compensation Fund Corporation v District Court of New South Wales and Anor [2002] NSWCA 355 FILE NUMBER(S) : CA 40160/02 HEARING DATE(S) : 9 September 2002 JUDGMENT DATE : 23 October 2002

Victims Compensation Fund Corporation (Claimant) PARTIES : District Court of New South Wales (First Opponent) Shi Feng Ma (Second Opponent) JUDGMENT OF : Sheller JA at 1; Heydon JA at 2; Einstein J at 34

LOWER COURT JURISDICTION : District Court LOWER COURT DC 10172/01 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :

Mr P R Sternberg (Claimant) COUNSEL : Submitting appearance (First Opponent) Mr J A Singh (Second Opponent)

I V Knight (Claimant) SOLICITORS : I V Knight (submitting appearance) (First Opponent) Sommerville & Co (Second Opponent) CATCHWORDS : Judicial review - common law judicial review - certiorari against decision of District Court judge - error of law on the face of the record - Courts - judges - powers - requirement that judicial power be exercised in resolution of "legal" controversy - D Supreme Court Act 1970 Victims Compensation Act 1996 LEGISLATION CITED : Victims Compensation Amendment Act 1998 Victims Compensation Act 2000 Victims Support and Rehabilitation Act 1996 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 CASES CITED: Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 In Re Judiciary and Navigation Acts (1921) 29 CLR 257 Victims Compensation Fund v Brown [2002] NSWCA 155 DECISION : See paragraph 33