Mordaunt v Director, Victims Services & anor. [2006] NSWSC 1222

New South Wales Supreme Court

CITATION : Mordaunt v Director, Victims Services & anor. [2006] NSWSC 1222

HEARING DATE(S) : 8 November 2006 9 November 2006`

JUDGMENT DATE : 9 November 2006

JUDGMENT OF : Sully J at 1

EX TEMPORE JUDGMENT DATE : 11/09/2006

DECISION : The orders of the Tribunal are set aside and the plaintiff's objection is remitted to the Tribunal to be re-determined according to law. Each party to pay its own costs of and incidental to the proceedings in this Court.

Victims Support and Rehabilitation Act 1996 (NSW) Public Sector Management Act 1988 (NSW) LEGISLATION CITED : Local Courts Act 1982 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Local Courts (Civil Claims) Act 1970 (NSW)

George David Mordaunt The Director, Victims Services PARTIES : Victims Compensation Tribunal

FILE NUMBER(S) : SC 11217/06

COUNSEL : In person - Plaintiff J. McAteer (solicitor) - Defendant

SOLICITORS : In person - Plaintiff J. McAteer - Defendant

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : RT 91830

LOWER COURT JUDICIAL OFFICER : Magistrate C. Brae

LOWER COURT DATE OF DECISION : 14 February 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SULLY J

9 November 2006

11217/06 GEORGE DAVID MORDAUNT v THE DIRECTOR, VICTIMS SERVICES & ANOR

JUDGMENT 1 HIS HONOUR: I have heard to finality the submissions of both parties to the proceedings with which I am now to deal. I have decided to proceed ex tempore to give reasons for the conclusion to which I have come as to the way in which the proceedings current before me ought to be finally adjudicated. 2 It is in the nature of things that reasons thus delivered ex tempore cannot have the finally calibrated expression that might be possible in a reserved judgment. I think, however, that, for reasons which will become apparent in what follows, it is in everybody's interests, and it is certainly in the interests of public justice broadly conceived, that these proceedings be brought to finality as soon as possible. 3 By an amended summons filed on 21 April 2006, Mr George David Mordaunt, as plaintiff, claims certain relief in respect of orders made by a Local Court Magistrate sitting as a Victims Compensation Tribunal, pursuant to the statutory scheme in that behalf that is established by the Victims Support and Rehabilitation Act 1996 (NSW), ("the Victims Support Act").