Victorian Civil and Administrative Tribunal|2013-07-08

For the reasons given, the Tribunal does not consider that the subject-matter of the proceeding would be more appropriately dealt with by a court in New South Wales. Accordingly, the application under s 77(1) of the VCAT Act is dismissed.

[1] Affidavit of Justin Matthew Bentley sworn 29 May 2013, para 3.

[2] Affidavit of Leslie Frank Hammond sworn 29 May 2013 at para 6. The affidavit of John Louis McGirr sworn 30 May 2013 refers to an undated and unsigned notice of default, found in the file provided by the Applicant's previous solicitor, which purported to be issued under s 146 of the , which notice would clearly be inapplicable and ineffective to property situate in New South Wales.

[8] Fara Pty Ltd v Perin [2007] VCAT 1404 at [5]; Commonwealth Bank of Australia v Slaveska [2008] VCAT 2072 at [36].

[9] Victorian Managed Insurance Authority v Dura (Australia) Constructions Pty Ltd (Domestic Building) [2009] VCAT 1918 at [81]- [82].

[10] Atlantic Star v Bona Spes [1974] AC 436 at 471 per Lord Simon of Glaisdale.

[12] See Oceanic Sun Line Special Shipping Co Inc v Fay [1988] HCA 32; (1988) 165 CLR 197; and Schmidt v Won & Ors [1998] 3 VR 435.

[13] (1990) HCA 55 at [26] per Toohey J.

[14] Warren J (as she then was) in Rogan & Ors v Rushton (QLD) Pty Ltd [2002] VSC 375.

[15] Bankinvest AG v Seabrook (1988) 14 NSWLR 711, 714, 730; Schmidt v Won (1988) 3 VR 435, 450.

[16] Bankinvest, supra, 728; Spiliada Maritime Corporation v Cansulex Limited (1987) AC 460, 478.

[18] See the observations of Gillard J in Ewen v BHP Billiton Limited [2005] VSC 4.

[19] Bentley v Cash Resources [2002] VCAT 1399 per President Kellam J at [15] who acknowledged that there may be appropriate cases where the size and complexity of a case may be more suited to the Supreme Court. In practice, such a circumstance is uncommon if not rare.

[20] Camillo Concrete Structures Pty Ltd v Baulderstone Pty Ltd [2010] VCAT 285 at [24].

[21] Commonwealth Bank of Australia v Slaveska (Civil Claims) [2008] VCAT 2072 at [36] per Harbison J.

Civil and Administrative Tribunal Act 1998

Consumer Law and Fair Trading Act 2012

Bloomcorp Pty Ltd v Meninya Investments Py Ltd (Retail Tenancies) [2013] VCAT 1311 (8 July 2013)

Bloomcorp Pty Ltd v Meninya Investments Py Ltd

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Bloomcorp Pty Ltd v Meninya Investments Py Ltd (Retail Tenancies) [2013] VCAT 1311 (8 July 2013)