Victorian Civil and Administrative Tribunal|2005-06-07|Before: Alfred P

Whittlesea CC v Dimitrioski [2005] VCAT 1129 (7 June 2005)

1 The applicant shall pay the respondent's costs of and incidental to the hearing on 15 April 2005 fixed in the sum of $713.56, to be paid within 30 days of the date of this order.

[18] I do not consider that the applicant has satisfied either requirement of section 120(4). The applicant has not provided any reasonable excuse for not attending or being represented at the hearing on 10 January 2005 and, on the merits, there is no reason why the order should be revoked or varied.

4 Based on the facts of the case set out in my order dated 28 April 2005 and my conclusion that the applicant had failed to meet the requirements of section 120 of the Act pursuant to which the application to reopen the order was being made, I do not consider it can be said that the applicant had a tenable basis for the proceeding to reopen the case.

5 In terms of the quantum of costs they have been prepared on a party/party basis pursuant to scale "D" of the County Court rules. I consider the costs claimed are reasonable and I will order that the applicant pays the respondent's costs fixed at $713.56.

Civil and Administrative Tribunal Act 1998

Whittlesea CC v Dimitrioski [2005] VCAT 1129

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Judgment (6 paragraphs)

Whittlesea CC v Dimitrioski [2005] VCAT 1129 (7 June 2005)

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Legislation Cited (1)