Pham v Commissioner of Victim Rights [2019] NSWSC 1060

Supreme Court New South Wales

Medium Neutral Citation: Pham v Commissioner of Victim Rights [2019] NSWSC 1060 Hearing dates: 13 August 2019 Decision date: 20 August 2019 Jurisdiction: Common Law Before: Leeming JA Decision: Dismiss the amended summons seeking leave to appeal filed on 17 April 2019 with costs. Catchwords: APPEAL – appeal from NCAT on question of law – application for victims support under Victims Rights and Support Act 2013 (NSW) – applicant claimed he had suffered from an "act of violence" following his arrest by police – whether error of law in rejecting that claim – whether error of law in failing to make findings or give reasons concerning unreasonable use of force when no point had been raised in NCAT – distinction between lawfulness of conduct established by s 230 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and need for applicant to establish commission of offence – significance of applicant's failure following final hearing in District Court of civil proceedings – leave refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 79, 83 Civil Liability Act 2002 (NSW), ss 52, 53 Crimes Act 1900 (NSW), s 61 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 99, 105, 230 Victims Rights and Support Act 2013 (NSW), ss 19, 39 Cases Cited: Kirk v Industrial Relations Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Pham v State of New South Wales [2019] NSWDC 73 State of New South Wales v McMaster (2015) 91 NSWLR 666; [2015] NSWCA 228 Category: Principal judgment Parties: David Nguyen Son Pham (Plaintiff) Commissioner of Victims Rights (Defendant) Representation: Solicitors: