STUBBS v VICTIMS COMPENSATION FUND CORPOPRATION [1996] NSWCA 507

STUBBS v VICTIMS COMPENSATION FUND CORPOPRATION [1996] NSWCA 507

The manner in which the District Court judge referred to the acts and delay were not so far removed from the evidence as to require prior notification to counsel; no denial of procedural fairness arose where extensive submissions and evidence were presented and there was no obligation on the judge to foreshadow findings; the judge's question regarding the claimant's sex could not give rise to reasonable apprehension of bias; errors, if any, were not reviewable as error of law on the face of the record; therefore, relief is refused.

Parties
Claimant/appellant: Raylene Elizabeth Stubbs; Respondent: Victims Compensation Fund Corporation; Respondent: Victims Compensation Tribunal
Jurisdiction
Australia
Judgment Date
24 October 1996
Procedural Posture
Summons for Order in the Nature of Certiorari, Seeking to Quash District Court Judgment; Application for Declaration / Court of Appeal Appellate Review of District Court's Refusal to Extend Time Under Victims Compensation Act
Outcome
Summons dismissed; claimant to pay respondent's costs.
Legal Topics
Natural Justice, Bias—judicial Bias, Victims Compensation, Extension of Time, Jurisdictional Error
Administrative Law Procedural Fairness Natural Justice Bias—judicial Bias Victims Compensation Extension of Time Jurisdictional Error

Case Brief

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Parties

Raylene Elizabeth Stubbs

Claimant/appellant

Victims Compensation Fund Corporation

Respondent

Victims Compensation Tribunal

Respondent

Procedural Posture

Summons for Order in the Nature of Certiorari, Seeking to Quash District Court Judgment; Application for Declaration / Court of Appeal Appellate Review of District Court's Refusal to Extend Time Under Victims Compensation Act

Legal Issues

  1. 1 Whether the claimant was denied procedural fairness by the District Court judge
  2. 2 Whether there was a reasonable apprehension of bias on the part of the District Court judge

Ratio Decidendi

The manner in which the District Court judge referred to the acts and delay were not so far removed from the evidence as to require prior notification to counsel; no denial of procedural fairness arose where extensive submissions and evidence were presented and there was no obligation on the judge to foreshadow findings; the judge's question regarding the claimant's sex could not give rise to reasonable apprehension of bias; errors, if any, were not reviewable as error of law on the face of the record; therefore, relief is refused.

Court Disposition

Summons dismissed; claimant to pay respondent's costs.

Orders

  • Summons dismissed
  • Claimant to pay the Fund's costs