Victims Compensation Fund Corporation v Lynch [2012] NSWCA 273

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Victims Compensation Fund Corporation v Lynch [2012] NSWCA 273 Hearing dates: 20 July 2012 Decision date: 04 September 2012 Before: McColl JA at [1]; Meagher JA at [2]; Gzell J at [43]. Decision: (1) The record of these proceedings before Levy DCJ of the District Court of 2 March 2012 (No. 376366 of 2011) be removed to this Court. (2) The orders made by Levy DCJ in the said proceedings be quashed. (3) The first respondent to pay the applicant's costs of the proceedings before this Court. (4) The first respondent, if qualified, have a certificate under the Suitors Fund Act 1951 in respect of the costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - claim for victims compensation - tribunal denied compensation on basis victim engaged in behaviour that contributed to injury sustained - appeal to District Court limited to questions of law - District Court set aside orders of tribunal - none of matters relied on involved error of law - Victims Support and Rehabilitation Act 1996, s 30.

ADMINISTRATIVE LAW - relief in the nature of certiorari - whether Supreme Court has power when exercising supervisory jurisdiction under s 69 of the Supreme Court Act 1970 to make costs order in place of any costs order that has been quashed - decision in Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 at [110] applied. Legislation Cited: Civil Procedure Act 2005 District Court Act 1912 Minors (Property & Contracts) Act 1970 Motor Vehicles (Third Party Insurance) Act 1942 Suitors Fund Act 1951 Supreme Court Act 1970 Victims Support and Rehabilitation Act 1996 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Baker v The Queen [1975] AC 774 Cassell & Co Ltd v Broome [1972] AC 1027 Craig v The State of South Australia [1995] HCA 58; 184 CLR 163 Edwards v Santos Ltd [2011] HCA 8; 242 CLR 421 Hoffenberg v The District Court of New South Wales [2010] NSWCA 142 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Lynch v Victims Compensation Fund Corporation [2012] NSWDC 17 Miliangos v George Frank (Textiles) Ltd [1976] AC 443 R v Aldridge (1990) 20 NSWLR 737 R v Deputy Industrial Injuries Commissioner; Ex parte Moore [1965] 1 QB 456 Re McBain; Ex parte Australian Catholic Bishops Conference [2002] HCA 16; 209 CLR 372 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Trident General Insurance Co Ltd v McNiece Bros Pty Ltd [1988] HCA 44; 165 CLR 107 Victims Compensation Fund Corporation v District Court of New South Wales [2002] NSWCA 355 Texts Cited: L Jaffe and E Henderson, "Judicial Review and the Rule of Law: Historical Origins" (1956) 72 Law Quarterly Review 345 G Sawer, "Error of Law on the Face of an Administrative Record" (1954) 3 University of Western Australia Annual Law Review 24 Category: Principal judgment Parties: Victims Compensation Fund Corporation (Applicant) Jason Brian Lynch (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Mr C L Lonergan (Applicant) Ms L Evans (First Respondent) Submitting appearance (Second Respondent) Solicitors: Crown Solicitor (Applicant) Friend & Co Lawyers (First Respondent) File Number(s): 2012/114781 Decision under appeal Citation: Lynch v Victims Compensation Fund Corporation [2012] NSWDC 17 Date of Decision: 2012-03-02 00:00:00 Before: Judge Levy SC DCJ File Number(s): 2011/376366