Quick v Lam-Ly Pty Ltd

[2021] VSCA 30

Victorian Court of Appeal

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Interrogate

Catchwords

1. Residential Tenancies
2. › Termination of tenancy agreement
3. › Notice to vacate
4. › Whether service of notice to vacate constitutes repudiation or disclaimer
5. › Statutory code governing termination
6. › Residential Tenancies Act 1997 (Vic), ss 216, 225, 246, 253
1. Appeal
2. › Appeal from VCAT
3. › Leave to appeal on question of law
4. › Whether proposed grounds identify error of law
5. › Grounds fundamentally misconceived
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Practice and Procedure
2. › Res judicata
3. › Issue estoppel
4. › Whether issues previously determined by Supreme Court and Court of Appeal may be re-agitated in VCAT or on further appeal
1. Practice and Procedure
2. › Abuse of process
3. › Attempt to re-litigate determined issues
4. › Summary dismissal of proceedings bound to fail
5. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 75(1)

Quick Take

The Residential Tenancies Act 1997 (Vic) provides a statutory code for termination of tenancy agreements that overrides common law principles of repudiation. Service of a notice to vacate under the Act does not constitute repudiation or disclaimer of the tenancy agreement. VCAT is not a court for the purposes of ss 29 and 31 of the Supreme Court Act 1986 (Vic) and has no general equitable jurisdiction. Issues finally determined by the Supreme Court and Court of Appeal are res judicata and cannot be re-agitated before VCAT or on further appeal.

Case Details

Citation[2021] VSCA 30

CourtVSCA

JurisdictionVictoria

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Relies on4

2019Quick v Lam-Ly Pty LtdVSCA 157
2019Quick v Lam-Ly Pty LtdVSCA 111
2012Sahin v NAB & AnorVSCA 317
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