Commissioner of Victims Rights v Dobbie [2019] NSWCA 183

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Victims Rights v Dobbie [2019] NSWCA 183 Hearing dates: 21 May 2019 Date of orders: 25 July 2019 Decision date: 25 July 2019 Before: Basten JA at [1]; Leeming JA at [57]; McCallum JA at [58] Decision: (1) Grant the Commissioner an extension of time until 7 February 2019 to file her summons seeking leave to appeal from the judgment and orders made in the Common Law Division on 20 December 2018.

(2) Refuse leave to appeal.

(3) In accordance with the Commissioner's undertaking, order that the Commissioner pay the respondent's costs of the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – victim's compensation claim – primary victim of domestic violence – claim for "severely disabling" psychological disorder – challenge to rejection by delegate – whether the delegate attributed incorrect meaning to "severely disabling"

ADMINISTRATIVE LAW – judicial review – expert psychologists designated by Director – assessment of disability by designated expert – whether delegate obliged to follow expert's assessment absent countervailing evidence – whether delegate's rejection of assessment manifestly unreasonable

APPEAL – leave to appeal – precondition of grant – small amount at stake in individual case – relevance to large number of claims – whether matter of principle or public interest – error identified without setting aside judgment below Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Victims Compensation Act 1996 (NSW), ss 5, 7, 10, 17, 19A; Sch 1, cll 5, 7A, 10 Victims Rights and Support Act 2013 (NSW), Sch 2, 4 Victims Rights and Support Amendment (Transitional Claims) Regulation 2015 (NSW), Sch 1, cll 19, 21 Cases Cited: Comcare v Martinez (No 2) (2013) 212 FCR 272; [2013] FCA 439 House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498; [2000] NSWCA 44 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 41; [1986] HCA 40 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Victims Compensation Fund Corporation v Brown [2003] HCA 54; 77 ALJR 1797 Victims Compensation Fund v Brown (2002) 54 NSWLR 668; [2002] NSWCA 155 Category: Principal judgment Parties: Commissioner of Victims Rights (Applicant) Jason Dobbie (Respondent) Representation: Counsel: Mr S Robertson (Applicant)