State of New South Wales v Madah and Anor [2008] NSWSC 481

New South Wales Supreme Court

CITATION : State of New South Wales v Madah and Anor [2008] NSWSC 481 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 16 May 2008

JUDGMENT DATE : 21 May 2008

JURISDICTION : Equity

JUDGMENT OF : Jagot AJ

DECISION : Declare that the victim claim of Karen Madah against Jason Fong in District Court proceedings No 264 of 2006 at Parramatta is not eligible to be satisfied from the victim trust fund held on trust for Jason Fong pursuant to Division 6 of Part 2A of the Civil Liability Act.

CATCHWORDS : TRUSTS - victim trust fund - whether first defendant's victim claim eligible to be satisfied from victim trust fund held by plaintiff on behalf of second defendant - whether first defendant gave protected defendant notice of proceedings on victim claim within eligibility period - determining eligibility period - whether notice sent - if sent, when notice taken to be received

Civil Liability Act 2002 Civil Liability Amendment (Offender Damages Trust Fund) Act 2005 Civil Liability Amendment (Offender Damages) Act 2007 LEGISLATION CITED : District Court Act 1973 Evidence Act 1995 Interpretation Act 1987 Supreme Court Act 1970 Supreme Court Rules 1970

CATEGORY : Principal judgment

Deputy Commissioner of Taxation v Meredith (2007) ATC 5353 Fancourt v Mercantile Credits Limited (1982) 154 CLR 87 CASES CITED : Kapitany v Comonwealth (2006) 149 FCR 512 Kyogle Shire Council v Muli Muli Local Aboriginal Land Council (2005) 62 NSWLR 361 Secretary, Department of Social Security v Garratt (1992) 109 ALR 149