Victims Compensation Fund Corp v Nguyen & Anor

(2001) 52 NSWLR 213; [2001] NSWCA 264

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Procedural fairness
3. › Content of procedural fairness
4. › Obligation to notify party of adverse conclusion not reasonably anticipated
5. › Appeal on papers
6. › Whether tribunal obliged to alert appellant to possibility of worse outcome than determination under appeal
1. Administrative Law
2. › Victims compensation
3. › Appeal to Victims Compensation Tribunal
4. › Scope of Tribunal's determination on appeal
5. › Whether appeal involves hearing de novo
6. › Whether Tribunal could award less than assessor without notice
7. › Victims Compensation Act 1996 (NSW), ss 30(1), 36(1), 38, 39
1. Administrative Law
2. › Certiorari
3. › Error of law on face of record
4. › Supreme Court Act 1970 (NSW), s 69(3), (4)

Quick Take

Where a statutory tribunal determines an appeal on the papers and the appellant's grounds challenge only a specific aspect of the determination, the tribunal cannot set aside the determination and award less without first alerting the appellant to that possibility. The characterisation of a statutory appeal as 'de novo' does not of itself foreclose procedural fairness obligations. The content of procedural fairness in paper-based statutory appeals depends on the particular circumstances, including the scope of the grounds of appeal.