Sullivan v Victims Compensation Fund Corporation

[1999] NSWDC 19

New South Wales

District Court

CITATION:	Sullivan v Victims Compensation Fund Corporation [1999] NSWDC 19
TRIBUNAL:	Victims Compensation Tribunal
PARTIES:	Robert Sullivan Victims Compensation Fund Corporation
FILE NUMBER(S):	4034 of 1999
CORAM:	Twigg DCJ
CATCHWORDS:	costs :- specious actions costs :- application refused by consent
LEGISLATION CITED:	Victims Compensation Act 1996
CASES CITED:
DATES OF HEARING:	19/10/99
DATE OF JUDGMENT:	19 October 1999
LEGAL REPRESENTATIVES:	Mr Driver Mr Quickenden

JUDGMENT:

HIS HONOUR: There is no appearance today of the applicant or those advising him. That is no fault of theirs because Mr Quickenden, a very experienced counsel, announces his appearance and by arrangement announces the appearances of Mr Driver on behalf of the appellant/applicant therefore there is no discourtesy on any member of the legal profession or indeed of the appellant.

However I am told by Mr Quickenden to by consent enter the following orders. "Application refused. Each party to bear its own costs."

I have had a look at this file and for the life of me I cannot see any error of law or basis for bringing the application to this court. That may be an inexperienced view of the Victims Compensation Act that came into force recently and is the basis under which this application is made and this appeal is conducted.

There is in my view no basis at all for appeal to this court. In my view the court's time has been totally wasted and lawyers have advised Mr Robert Sullivan to put on an appeal, drafted documents and I have no doubt have sent him a bill of costs or will do so.

The appeal is carefully drafted referring to legal propositions, both in decided cases and sections of the new Act. It puzzles me that on instructions the public authority, namely the Tribunal the Victims Compensation Corporation Fund, does not seek costs against this appellant.

Of course each case depends upon its own circumstances and there may be good reasons in some cases for a compromise decision on costs. But it also sends a message to the legal profession and their would be clients that there is no penalty for bringing a specious action in a court.

In these modern times when first conferences are free and people get certificates that they are specially skilled in various aspects of the law, it is amazing to me that the effect of this order is that the general members of the public through their taxes pay those persons employed by the Tribunal and indeed Mr Quickenden's fees which I have no doubt will be rendered, that to me is a matter that deserves close attention by those who control the Victims Compensation Corporation Fund.

I direct that the transcript of this judgment be taken out and supplied to the manager of the Victims Compensation Corporation Fund and to the applicant's solicitors.