Mordaunt v The Assessor, Victims Services & Anor [2007] NSWSC 1131

New South Wales Supreme Court

CITATION : Mordaunt v The Assessor, Victims Services & Anor [2007] NSWSC 1131

HEARING DATE(S) : 08/10/2007

JUDGMENT DATE : 15 October 2007

JUDGMENT OF : Hoeben J at 1

DECISION : The plaintiff's summons is dismissed; The plaintiff is to pay the defendant's costs of the proceedings.

CATCHWORDS : Appeal from Local Court sitting as the Victims Compensation Tribunal - whether error in assessment by compensation assessor - whether error in point of law on the part of the Tribunal - whether denial of natural justice by Tribunal.

LEGISLATION CITED : Local Courts Act 1982 Victims Support and Rehabilitation Act 1996

George David Mordaunt - Plaintiff PARTIES : The Assessor, Victims Services - First Defendant The Victims Compensation Tribunal - Second Defendant

FILE NUMBER(S) : SC 13752/2007

SOLICITORS : Plaintiff in Person Mr J McAteer - Defendants

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : RT91830

LOWER COURT JUDICIAL OFFICER : Mr Cleary LCM

LOWER COURT DATE OF DECISION : 27/06/2007

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Monday 15 October 2007

13752/2007 - George David MORDAUNT v THE ASSESSOR, VICTIMS SERVICES & Anor

JUDGMENT 1 HIS HONOUR: Nature of proceedings The plaintiff who is representing himself has appealed to this Court pursuant to s55 of the Victims Support and Rehabilitation Act 1996 (the Act) from orders made by his Honour, Mr Cleary LCM sitting as the Victims Compensation Tribunal. That section relevantly provides: "55(1) An order for restitution that is confirmed after a hearing before the tribunal may be appealed against in the same way as a judgment of a Local Court exercising civil jurisdiction may be appealed against." 2 The proceedings before the Tribunal took place on 2 May and 27 June 2007. The plaintiff represented himself in those proceedings. His Honour made a Restitution Order requiring the plaintiff to pay $1000 by way of instalments of $20 per fortnight, such amount to be free of interest unless there was default in the payment of instalments. 3 The reference in s55(1) of the Act to the taking to appeal of a judgment of the Local Court is a reference to ss73 and 75 of the Local Courts Act 1982. Those sections relevantly provide: "73(1) A party to proceedings under this Part who is dissatisfied with the judgment or order of the Court sitting in its General Division may appeal to the Supreme Court against the judgment or order, but only as being erroneous in point of law. (2) A party to proceedings under this Part who is dissatisfied with the judgment or order of a Court sitting in its Small Claims Division may appeal to the Supreme Court against a judgment or order, but only on the ground of lack of jurisdiction or denial of natural justice. 75 The Supreme Court may determine an appeal made under this Division: (a) by varying the terms of the judgment or order or