Leonard v Victims Compensation Corporation Fund

[2005] NSWDC 1

New South Wales

District Court

CITATION:	Leonard v Victims Compensation Corporation Fund [2005] NSWDC 1
TRIBUNAL:	Victims Compensation Tribunal
PARTIES:	Zoe Leonard Victims Compensation Fund Corporation
FILE NUMBER(S):	4706 of 2004
CORAM:	Sidis DCJ
CATCHWORDS:	procedural fairness
LEGISLATION CITED:	Victims Support and Rehabilitation Act 1996
CASES CITED:
DATES OF HEARING:	24/03/2005
DATE OF JUDGMENT:	24 March 2005
LEGAL REPRESENTATIVES:	Applicant not represented Solicitor for the respondent: Solicitor for Victims Compensation Fund Corporation

JUDGMENT:

JUDGMENT

1. In this matter the proceedings have been called at 9.30 and 10.40am and the Appellant/Applicant has not appeared. This is the second occasion upon which the matter has been listed for hearing without appearance by the Appellant/Applicant.

2. On the last occasion Judge Norton made orders directed at protecting her rights and the proceedings were subsequently listed for hearing today by the Judicial Registrar. Notice of the hearing date has been given to the Appellant/Applicant by both the Court and the Respondent.

3. In absence of appearance and in the circumstances, I accede to the Respondent’s request that the application be dismissed and the appeal be dismissed. Each party is to pay their own costs of the proceedings.

MCATEER: The file is an exhibit in these proceedings, I take it your Honour has now heard the motion and on that basis it can be returned within twenty-eight days in the usual course.
HER HONOUR:
4. The Corporation’s file will be returned .