Dobbie v Commissioner of Victims Rights [2019] NSWSC 111

Supreme Court New South Wales

Medium Neutral Citation: Dobbie v Commissioner of Victims Rights [2019] NSWSC 111 Hearing dates: 18 February 2019 Date of orders: 18 February 2019 Decision date: 18 February 2019 Jurisdiction: Common Law Before: Davies J Decision: 1. On the following undertaking of the Defendant to the Court

UNDERTAKING: "The Defendant ("Commissioner") undertakes to the Court that, in the event that the Commissioner's application for an extension of time or application for leave to appeal to the Court of Appeal in proceedings 42130 of 2019 is refused or the Commissioner's appeal in those proceedings is dismissed, the Commissioner will determine the Plaintiff's reassessment application number 190581 within twenty-eight days of such refusal or dismissal unless released from this undertaking by the Court"

the Plaintiff's Motion of 29 January 2019 is dismissed.

2. The Defendant is to pay the Plaintiff's costs of the Motion. Catchwords: JUDGMENTS AND ORDERS – enforcement – judicial review proceedings – order in the nature of certiorari – further order "remitting…for redetermination" – whether in the nature of mandamus – whether UCPR r 36.5 applies to fix a time for the redetermination – where summons for leave to appeal filed out of time – whether time should be fixed for redetermination Legislation Cited: Summary Offences Act 1988 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 36.5 Victims Rights and Support Act 2013 (NSW) ss 10(1)(i), 42(1), 43(1), Sch 2 cl 2 Victims Support and Rehabilitation Act 1996 (NSW) Cases Cited: Dobbie v Commissioner of Victims Rights [2018] NSWSC 1989 Texts Cited: Nil Category: Principal judgment Parties: Jason Dobbie (Plaintiff) Commissioner of Victims Rights (Defendant) Representation: Counsel: A Kelso (Plaintiff) S Robertson (Defendant)