BYV v Victims Compensation Fund Corporation [2013] NSWADT 281

Leave granted to reinstate the appeal because the withdrawal occurred under a reasonable understanding of the law as it stood, which was retroactively changed, and legislative intent shows such persons should not suffer prejudice.

Source-derived case information.

Parties: Applicant: BYV; Respondent: Victims Compensation Fund Corporation
Jurisdiction: Australia
Judgment Date: 29 November 2013
Procedural Posture: Appeal / Application for Leave to Reinstate Withdrawn Appeal
Outcome: Leave granted to reinstate appeal
Legal Topics: Appeal Under Victims Compensation Act 1996, Retroactive Change in Law, Transitional Provisions

Victims Support Statutory Interpretation Appeal Under Victims Compensation Act 1996 Retroactive Change in Law Transitional Provisions

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

BYV

Applicant

Victims Compensation Fund Corporation

Respondent

Procedural Posture

Appeal / Application for Leave to Reinstate Withdrawn Appeal

Legal Issues

1 Whether leave should be granted to reinstate an appeal withdrawn due to a retroactive change in law

Ratio Decidendi

Court Disposition

Leave granted to reinstate appeal

Orders

Leave granted to reinstate appeal filed 25 June 2013 and withdrawn 28 June 2013

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