A finding of fact by VCAT that is unsupported by evidence constitutes a vitiating error of law where it materially affects the decision, particularly where the erroneous finding infects a chain of subsequent findings and reasoning. In equitable estoppel cases, the remedy of ordering specific performance of a promise (here, execution of a new lease) may be out of all proportion to the detriment suffered where the detrimental reliance can be entirely ameliorated by an award of equitable compensation. A matter not raised before VCAT cannot be raised for the first time on appeal by way of notice of contention.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.