Mangan v Victims Compensation Fund Corporation [1999] NSWDC 14

Mangan v Victims Compensation Fund Corporation [1999] NSWDC 14

The Tribunal's failure to regard the solicitor's error as 'exceptional circumstances' was a misdirection and an error of law. The applicant had suffered relevant shock and trauma, there was no prejudice to the Tribunal or public interest, and under the proper test, exceptional circumstances existed to allow the late appeal.

Jurisdiction
Australia
Judgment Date
18 October 1999
Procedural Posture
Appeal / Judgment After Hearing on Appeal as to Question of Law
Outcome
Appeal upheld. Tribunal's decision set aside. Matter remitted to Tribunal to be considered and determined according to law and this decision. Costs to applicant. Urgent transcript to be produced and provided without cost.
Legal Topics
['victims Compensation' 'appeals on Question of Law' 'extension of Time' 'exceptional Circumstances']
['compensation Law'] ['victims Compensation' 'appeals on Question of Law' 'extension of Time' 'exceptional Circumstances']

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Procedural Posture

Appeal / Judgment After Hearing on Appeal as to Question of Law

Legal Issues

  1. 1 ["Whether the solicitor's error in lodging an appeal in the wrong forum constitutes 'exceptional circumstances' under section 36(3)(b) of the Victims Compensation Act 1996, justifying an extension of time to appeal." "Whether the Tribunal's application of an incorrect test constituted an error of law."]

Ratio Decidendi

The Tribunal's failure to regard the solicitor's error as 'exceptional circumstances' was a misdirection and an error of law. The applicant had suffered relevant shock and trauma, there was no prejudice to the Tribunal or public interest, and under the proper test, exceptional circumstances existed to allow the late appeal.

Court Disposition

Appeal upheld. Tribunal's decision set aside. Matter remitted to Tribunal to be considered and determined according to law and this decision. Costs to applicant. Urgent transcript to be produced and provided without cost.

Orders

  • ['Leave granted to appeal.' 'Appeal upheld.' 'Determination of the Tribunal set aside.' 'Matter remitted to Tribunal to be considered and determined according to this decision.' 'Applicant/appellant awarded costs (to be agreed within two months or to be assessed if not agreed).' 'Transcript of judgment to be...