[4] [1950] VicLawRp 12; [1950] VLR 45 a 654; reversed on appeal on the admission of further evidence Lang [sic] v Registrar-General of the State of Victoria [1950] VicLawRp 53; [1950] VLR 307

Parties

Applicant/Plaintiff:

# Vero Insurance Ltd

Respondent/Defendant:

Body Corporate Strata Plan No 41716B \[2005\] VSC 56

Legislation Cited (8)

VCAT Act 1998

Supreme Court (General Civil Procedure) Rules 1996

VCAT Act 1998

Supreme Court (General Civil Procedure) Rules 1996

VCAT Act 1998

Supreme Court (General Civil Procedure) Rules 1996

VCAT Act 1998

Supreme Court (General Civil Procedure) Rules 1996

Cases Cited (6)

Judicial Review - Application under Order 56 Supreme Court (General Civil Procedure) Rules 1996 - VCAT decision - Whether VCAT functus officio - Whether order in the nature of certiorari or mandamus should be made - Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163. Whether plaintiff can apply to re-open an order of VCAT in accordance with s 120 VCAT Act - Whether plaintiffs were "a person in respect of whom an order" was made.

Mandamus will lie, speaking generally, where the respondent has refused to comply with a demand by the applicant to perform a public duty. In R v War Pensions Entitlement Appeal Tribunal: Ex parte Bott [1933] HCA 30; (1933) 50 CLR 228, Rich, Dixon and McTiernan JJ said at 242:

(1995) 184 CLR 163

(1933) 50 CLR 228

(1971) 125 CLR 529

(1979) 143 CLR 2