VICVSCA
Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue [2003] VSCA 199
[2003] VSCA 199
Court of Appeal (Vic)|2003-12-11|Before: ORMISTON, PHILLIPS and CALLAWAY, JJ.A.
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Source factsCourt
Court of Appeal (Vic)
Decision date
2003-12-11
Before
ORMISTON, PHILLIPS and CALLAWAY, JJ.A.
Source
Original judgment source is linked above.
Judgment (11 paragraphs)
[1]
- The application to the Trial Division was commenced by originating motion and prosecuted by summons filed on 2 July 1999, supported by an affidavit of Pole Charles Cooley sworn on 2 July 1999 and a later affidavit of Tanya Cirkovic sworn on 28 October 1999, the latter serving simply to exhibit a draft notice of appeal bearing date 2 July 1999. The notice of appeal contained some 21 grounds and there is I think much to criticise in these grounds, given that an appeal from the tribunal is permitted only on a question of law. But in the end, I am not persuaded that the case is necessarily such that we should shut out the taxpayer at this early stage, the more particularly as counsel for the taxpayer indicated the wish to argue that the tribunal erred in law in failing to distinguish on the facts the earlier decisions of Byrne, J. and the Court of Appeal. It is essentially a matter for the Trial Division to consider (at least in the first instance) whether the taxpayer should have leave to appeal from the tribunal and it is in the Trial Division that the application for leave to appeal can be more fully examined. Certainly, the judge who is to hear the appeal if leave were to be given will be in the best position to determine whether and to what extent any question of law is involved and doubtless the drafting of the notice of appeal from the tribunal will attract attention in that regard.
[2]