Crick v Victims Compensation Fund Corporation [2001] NSWDC 28

Crick v Victims Compensation Fund Corporation [2001] NSWDC 28

The application to extend time failed because there were no reasonable grounds for the delay, no exceptional circumstances to justify the delay, and the tribunal lacked jurisdiction to determine the appeal as the statutory condition precedent had not been satisfied. Accordingly, the purported determination was a nullity and there was nothing to appeal against.

Jurisdiction
Australia
Judgment Date
14 December 2001
Procedural Posture
Application to Extend Time for Leave to Appeal / Determination of Notice of Motion for Extension of Time
Outcome
Application for extension of time dismissed; appeal struck out
Legal Topics
['extension of Time' 'jurisdiction' 'threshold for Compensation' 'exceptional Circumstances']
['compensation Law' 'administrative Law'] ['extension of Time' 'jurisdiction' 'threshold for Compensation' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Application to Extend Time for Leave to Appeal / Determination of Notice of Motion for Extension of Time

Legal Issues

  1. 1 ["Whether extension of time to make an application for leave to appeal against the tribunal's determination should be granted" 'Whether exceptional circumstances existed to justify extension of time' 'Whether the tribunal had jurisdiction to make the determination when appeal to tribunal was out of time' 'Whether the threshold amount for compensation was $6,000 or $7,500']

Ratio Decidendi

The application to extend time failed because there were no reasonable grounds for the delay, no exceptional circumstances to justify the delay, and the tribunal lacked jurisdiction to determine the appeal as the statutory condition precedent had not been satisfied. Accordingly, the purported determination was a nullity and there was nothing to appeal against.

Court Disposition

Application for extension of time dismissed; appeal struck out

Orders

  • ['Notice of motion dismissed' 'Appeal filed on 16 November 2001 struck out' "Applicant to pay respondent's costs for the notice of motion and the struck out statement of claim" "Question of personal liability of applicant's solicitor for costs stood over to 10am on 25 January 2002"]