Lin v Commissioner of Victims Rights

The Court of Appeal of the Supreme Court of New South Wales considered an objection to the competency of an appeal brought by the appellant, Lin, against the Commissioner of Victims Rights. The core of the dispute concerned whether the appeal had been validly commenced, given that leave to appeal had not been sought when it was required.

The primary legal issue before the Court was whether the appeal was competent, specifically in circumstances where the appellant had failed to obtain the necessary leave to appeal before filing the notice of appeal. This raised questions about the procedural requirements for commencing an appeal in the Court of Appeal and the consequences of failing to comply with those requirements.

Kirk JA determined that the appeal was incompetent because leave to appeal had not been sought or granted as required by the relevant rules of court. The Court reasoned that the failure to obtain leave was a fundamental defect that rendered the appeal procedurally invalid from its inception. Consequently, the Court dismissed the appeal as incompetent. The Court also ordered that the appellant pay the respondent's costs of the appeal, noting that a minor and inconsequential delay in service of the motion did not provide a reason for costs not to follow the event.