Attorney-General for the State of Victoria v Weston [2004] VSC 314
[2004] VSC 314
At a glance
Source factsCourt
Supreme Court of Victoria
Decision date
2004-08-27
Before
WHELAN J
Source
Original judgment source is linked above.
Judgment (320 paragraphs)
- The application for leave to appeal out of time (Proceeding [4]) was dismissed with costs.[48] The reasons were given by Marks J. Marks J held that the application was simply made far too late. He also observed that the application had an added problem, which was that Mr Weston had been unable to make it apparent that there was any question of law involved in the appeal that he sought to litigate.
- The Attorney-General submitted that the application for leave to appeal out of time which was dismissed by the Full Court on 25 September 1992 (Proceeding [4]) was vexatious, relying upon the fact that more than one year had elapsed since the AAT determination. I am not prepared to make a finding that this proceeding was vexatious. It seems to me that an appeal under s 52 was a course open to Mr and Mrs Weston and that this application to appeal out of time represented one occasion upon which Mr Weston did take an appropriate course, by way of contrast, for example, with his application under s 49A (Proceeding[3]). It is true that the Court considered that he (together with his wife) took this course after too long a period of delay. That is why the application failed. Many such applications fail for that reason. In the circumstances, notwithstanding the Full Court's rejection of the application, I am not prepared to find that the application was vexatious.