AVR v Victims Compensation Fund Corporation. [2013] NSWADT 265

AVR v Victims Compensation Fund Corporation. [2013] NSWADT 265

AVR failed to demonstrate exceptional circumstances justifying a two-year delay in lodging her appeal; none of the reasons advanced, alone or together, constituted exceptional circumstances under the statutory framework.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Appeal / Leave to Appeal Out of Time
Outcome
Leave to appeal out of time refused.
Legal Topics
['extension of Time' 'exceptional Circumstances' 'statutory Compensation' 'appeal Procedure']
['victims Compensation' 'administrative Law'] ['extension of Time' 'exceptional Circumstances' 'statutory Compensation' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal Out of Time

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to justify granting leave to appeal out of time under s 39 of the Victim Support and Rehabilitation Act 1996.']

Ratio Decidendi

AVR failed to demonstrate exceptional circumstances justifying a two-year delay in lodging her appeal; none of the reasons advanced, alone or together, constituted exceptional circumstances under the statutory framework.

Court Disposition

Leave to appeal out of time refused.

Orders

  • ['Leave to appeal out of time is refused.' 'Cost of the appeal is allowed in the exercise of my discretion in the sum of $550 inclusive of GST.']