[2003] VSCA 70

Victorian Court of Appeal

Quick Take

A denial of natural justice by VCAT, including failure to allow a self-represented litigant fully or fairly to present their case, constitutes an error of law sufficient to ground an appeal under s 148 of the VCAT Act. An appellate court will decline to determine a novel jurisdictional question (here, the scope of the Fair Trading Act 1999 for supplier claims) at first instance, preferring to remit the matter. The question whether the Fair Trading Act 1999 (Vic) confers jurisdiction on VCAT for a supplier's claim for non-payment of services remains unresolved.

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Case Details

Citation[2003] VSCA 70

CourtVSCA

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Judgment

Authorities Cited1›

Cases considered by [2003] VSCA 70

Referred to (1)

[2003] VSCA 70

Subsequent Judicial Consideration2›

Cases that have considered [2003] VSCA 70

Referred to (2)

Towie v State of Victoria [2008] VSC 177 [2003] VSCA 70

Judicial Consideration (Chronological)

Towie v State of Victoria [2008] VSC 177Referred to

[2003] VSCA 70Referred to

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

[2003] VSCA 70 at [30]

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief

A court exercising federal jurisdiction may grant an anti-suit injunction to restrain foreign proceedings only where the continuation of those proceedings would be vexatious or oppressive and where the balance of convenience favours the grant of relief.

[2003] VSCA 70 at [37]