Jones v Victims Compensation Fund Corporation [1999] NSWDC 11

Jones v Victims Compensation Fund Corporation [1999] NSWDC 11

The Court held it had no jurisdiction to entertain the arguments as to the granting of leave. Section 39(4) of the Act expressly excludes an appeal where the Tribunal refuses extension of time for a late application, even if it could be considered a question of law. Section 26(1) requires application within two years after the death of the primary victim, not two years from proof or finding of death.

Jurisdiction
Australia
Judgment Date
26 July 1999
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time From Tribunal Decision
Outcome
applications refused with costs
Legal Topics
['extension of Time for Application' 'appeal Rights' 'family Victims']
['victims Compensation'] ['extension of Time for Application' 'appeal Rights' 'family Victims']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal Out of Time From Tribunal Decision

Legal Issues

  1. 1 ['Whether leave to appeal out of time should be granted where application for compensation was out of time' 'Whether jurisdiction exists to entertain an appeal from refusal to extend time by the Tribunal' 'Interpretation of section 26(1) and section 39(4) of the Victims Compensation Act 1996']

Ratio Decidendi

The Court held it had no jurisdiction to entertain the arguments as to the granting of leave. Section 39(4) of the Act expressly excludes an appeal where the Tribunal refuses extension of time for a late application, even if it could be considered a question of law. Section 26(1) requires application within two years after the death of the primary victim, not two years from proof or finding of death.

Court Disposition

applications refused with costs

Orders

  • ['In each case, application refused with costs.']