ARF v Victims Compensation Fund Corporation. [2013] NSWADT 241

ARF v Victims Compensation Fund Corporation. [2013] NSWADT 241

ARF did not provide a clear explanation for delaying more than four years before appealing the determination of claim 112481, and he knew in 2008 that he had a right of appeal because he appealed two other determinations made at the same time. He therefore failed to demonstrate exceptional circumstances for an...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2013
Procedural Posture
Victims Compensation Appeal / Application for Leave to Lodge an Appeal Out of Time and Notice of Appeal Determined on the Papers
Outcome
Leave to lodge an appeal out of time with respect to claim 112481 was refused, and the notice of appeal with respect to claims 112483 and 119432 was dismissed for want of jurisdiction.
Legal Topics
['leave to Appeal Out of Time' 'exceptional Circumstances' 'tribunal Jurisdiction' 'victims Support and Rehabilitation']
['victims Compensation' 'administrative Law'] ['leave to Appeal Out of Time' 'exceptional Circumstances' 'tribunal Jurisdiction' 'victims Support and Rehabilitation']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Victims Compensation Appeal / Application for Leave to Lodge an Appeal Out of Time and Notice of Appeal Determined on the Papers

Legal Issues

  1. 1 ['Whether leave should be granted to allow ARF to lodge an appeal out of time with respect to claim 112481.' 'Whether the Tribunal had jurisdiction to hear an appeal with respect to claims 112483 and 119432, which had previously been appealed to the Victims Compensation Tribunal.']

Ratio Decidendi

ARF did not provide a clear explanation for delaying more than four years before appealing the determination of claim 112481, and he knew in 2008 that he had a right of appeal because he appealed two other determinations made at the same time. He therefore failed to demonstrate exceptional circumstances for an extension of time. The Tribunal also had no jurisdiction to entertain appeals concerning claims 112483 and 119432 because those matters had already been appealed to the Victims Compensation Tribunal.

Court Disposition

Leave to lodge an appeal out of time with respect to claim 112481 was refused, and the notice of appeal with respect to claims 112483 and 119432 was dismissed for want of jurisdiction.

Orders

  • ['Leave to lodge an appeal out of time with respect to claim 112481 is refused.' 'The notice of appeal with respect to claims 112483 and 119432 is dismissed for want of jurisdiction.']