VICVCAT
Homeground Services v Mohamed
[2009] VCAT 1131
Victorian Civil and Administrative Tribunal|2009-07-06
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Source factsCourt
Victorian Civil and Administrative Tribunal
Decision date
2009-07-06
Source
Original judgment source is linked above.
Judgment (3 paragraphs)
[1]
- For the reasons stated above, I am satisfied that the act of giving the notice to vacate pursuant to s263 of the Act was unlawful pursuant to s38(1) of the Charter.
- Furthermore, for the reasons stated above, I am satisfied that in the making of the decision to give that notice to vacate, the landlord failed to give proper consideration to a relevant human right, which also was unlawful pursuant to s38(1) of the Charter.
- I am satisfied that, as a public authority, the landlord must comply with s38(1) of the Charter and that in this case it did not do so.
- Therefore I am not satisfied the landlord was 'entitled to give the notice' for the purposes of s330(1)(a)(i) of the Act.
- The application for an order for possession is refused.
[2]
[1] Vol 1, p 107, Clarendon Press, Oxford, 1993
[3]