Bahonko v Casey City Council

[2011] VSCA 357

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory orders
4. › Order deferring callover of taxation of costs
5. › Whether leave to appeal should be granted
6. › Whether error or substantial injustice demonstrated
7. › Supreme Court Act 1986 (Vic), s 17A(4)
1. Practice and Procedure
2. › Interlocutory or final orders
3. › Order deferring taxation callover
4. › Whether order in nature of temporary stay is interlocutory
1. Practice and Procedure
2. › Vexatious proceedings
3. › Application for leave to appeal lacking any merit
4. › Extensive litigation history arising from small rates judgment

Quick Take

A party cannot evade the requirement for leave to appeal from an interlocutory order by framing the relief sought as an injunction when that is not in reality the relief sought or that could conceivably be granted. An order deferring a taxation callover is interlocutory in nature.

Case Details

Citation[2011] VSCA 357

CourtVSCA

JurisdictionVictoria

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Cited by1

2012Bahonko v Casey City CouncilVSCA 310

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