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[2001] VSC 453
General information, not legal advice.
Supreme Court of Victoria
2001-11-28
Balmford J
Original judgment source is linked above.
[1] See the judgment of McHugh JA in Storey & Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 at 449.
[2] (1995) 133 ALR 206 at 212.
[4] [1979] HCA 20; (1979) 140 CLR 675 at 679-80.
[5] See Phillips JA in S v Crimes Compensation Tribunal [1998] 1 VR 83 at 86-93 and particularly at 88-89.
[6] [1973] VicRp 1; [1973] VR 1 at 11.
[7] see Elyard Corporation fn 2 supra at 211.
Niebieski Zamek Pty Ltd
Southern Rural Water [2001] VSC 453
Kentucky Fried Chicken Pty Ltd v Gantidis [1979] HCA 20; (1979) 140 CLR 675.
Spurling v Development Underwriting (Vic) Pty Ltd [1973] VicRp 1; [1973] VR 1.
In the case of decisions of magistrates the position in Victoria is well established by a line of decisions culminating in Taylor v Armour & Co. Pty. Ltd., [1962] VicRp 48; [1962] VR 346, in which the Full Court of this State held that in the case of any question of fact the Court should treat the matter as an appeal from the verdict of a jury and should not make up its own mind upon the evidence but rather confine itself to seeing whether there was evidence upon which the magistrate might, as a reasonable man, come to the conclusion to which he did come. In saying this the Full Court stated that it was following the view of Herring, CJ, in Young v Paddle Bros. Pty. Ltd.[1956] VicLawRp 6; , [1956] VLR 38; [1956] ALR 301. The Chief Justice, in that case, adopted as the test whether "on any reasonable view of the evidence that decision can be supported"; a party aggrieved can thus only succeed if a decision contrary to the view of the magistrate is "the only possible decision that the evidence on any reasonable view can support" (see at VLR p. 41).
(1995) 133 ALR 206
(1979) 140 CLR 675
(1987) 9 NSWLR 446