[2023] VSCA 230
General information, not legal advice.
Court of Appeal (Vic)
2023-09-22
Ginnane J, Beach JA
Original judgment source is linked above.
[1] In a document that formed part of the respondent's response to the applicant's claims (and which appears to have been pp 89 and 90 of the court book in the court below) the respondent asserted that the applicant had 'repeatedly and freely admitted that he knows the monetary value of his car is between $200-$500'.
[2] Weldemichael v Duy Tri Ha (Unreported, Victorian Civil and Administrative Tribunal, Deputy President I Lulham, 3 January 2019).
[3] Weldemichael v Duy Tri Ha [2022] VSC 817.
[5] This sum is made up of the $270 originally claimed at VCAT, what appears to be an additional and more substantial claim for car replacement (loss of use) costs, and various other disbursements.
[6] The grounds are reproduced as typed in the application for leave to appeal and later corrected in documents delivered to the Court by the applicant on 7 September 2023.
[7] This document was also the subject or corrections made in documents delivered to the Court by the applicant on 7 September 2023. See n 6.
[8] Cf the second last sentence of proposed ground 1 and the last sentence of proposed ground 2.
[9] See rr 64.15(2) and (5) of the Rules, and s 14D(1) of the Supreme Court Act 1986.
[10] Frontlink Pty Ltd v Commissioner of State Revenue [2023] VSC 521, [10] (Croft J).
[12] For example, see paragraph 6(b) of the version of the applicant's written case dated 6 September 2023.
[13] As to the difficulty faced by a party who bore the onus of proof seeking to overturn a finding made by a judge who has seen and heard the witnesses, see Dearman v Dearman [1908] HCA 84; (1908) 7 CLR 549, 553 (noting that that case concerned an appeal by way of rehearing rather than the more limited right of appeal by leave on a question of law available in the present case).
[14] See s 14C of the Supreme Court Act 1986.
[15] By reason of s 14D(3) of the Supreme Court Act 1986, the determination that the application for leave to appeal is totally without merit precludes the applicant from any right to apply to have the dismissal of his application for leave to appeal set aside or varied.
Weldemichael
Ha [2023] VSCA 230