Goode v Common Equity Housing Ltd

[2020] VSCA 317

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Application for leave to appeal
4. › Application for extension of time
5. › Factors relevant to exercise of discretion
6. › Prospects of success of proposed appeal
7. › Whether futile to grant extension
8. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 64.08
1. Practice and Procedure
2. › Appeal
3. › Application for leave to appeal
4. › Proposed appeal totally without merit
5. › Supreme Court Act 1986 (Vic), s 14D(3)
1. Practice and Procedure
2. › Appeal
3. › Appellate review of discretionary decisions
4. › Refusal of adjournment
5. › Whether House v The King error established
1. Landlord and Tenant
2. › Residential tenancies
3. › Possession order for non-payment of rent
4. › Tenant paying rent to wrong entity
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148

Quick Take

An application for extension of time to seek leave to appeal will be refused as futile where the proposed appeal is totally without merit, the underlying claim was made out on the facts, and no House v The King error or denial of procedural fairness is established. Discretionary decisions to refuse adjournments at VCAT are reviewable only on House v The King principles.

Case Details

Citation[2020] VSCA 317

CourtVSCA

JurisdictionVictoria

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Relies on3

2016Deak-Fabrikant v GrechVSCA 118
2014Downes & Anor v Maxwell Richard Rhys & Co Pty Ltd (in liq)VSCA 193
House v RHCA 40

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