Lucas v Aparo [2025] VSCA 99

Court of Appeal (Vic)|2025-05-12|Before: Quigley J, Beach JA, Walker JA

For the reasons given above, Mr Lucas' application for leave to appeal has no prospects of success and must be refused. As a result of the refusal of that application, Mr Lucas' application for a further stay of execution of the possession order must also be refused.

[1] Lucas v Aparo [2025] VSC 138 ('Reasons').

[2] A copy of this version of the agreement was exhibited to an affidavit sworn by Ms Aparo on 24 January 2025.

[3] Photographs of various pages of this document (some of which are illegible) were exhibited to an affidavit sworn by Mr Lucas on 2 December 2024.

[4] See ss 91ZM and 91ZN of the Residential Tenancies Act 1997 ('the RT Act').

[8] It appears from the material filed by Mr Lucas on the appeal that VCAT conducted a hearing concerning his review application on 2 September 2024. Mr Lucas appeared at that hearing. That hearing was adjourned to 23 October 2024.

[9] As to the detail of that proceeding, see Reasons, [10].

[13] Ibid [18]. See also [19]-[60].

[17] The affidavit is entirely unclear as to whether it was sworn or affirmed.

[18] Compare the amount referred to in the fourth question of law set out in paragraph [24] above.

[19] Frontlink Pty Ltd v Commissioner of State Revenue [2023] VSC 521, [10] (Croft J).

[22] Exhibit to an affidavit affirmed by Mr Lucas, and dated 23 January 2025.

Civil and Administrative Tribunal Act 1998

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