Weldemichael v Ha

[2023] VSCA 230

Victorian Court of Appeal

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Interrogate

Catchwords

1. Consumer Law
2. › Contract for repairs
3. › Assessment of damages
4. › Appeal from VCAT
5. › Whether VCAT decision involved any question of law
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Appeal
2. › Application for leave to appeal
3. › Appeal on question of law only
4. › VCAT findings of fact
5. › Whether applicant identified any error of law
6. › Applicant seeking leave to appeal from judge's order refusing leave to appeal from VCAT
7. › Application not reasonably arguable
8. › Application totally without merit
9. › Supreme Court Act 1986 (Vic), ss 14C, 14D

Quick Take

An appeal from VCAT under s 148 of the VCAT Act lies only on a question of law. Complaints about VCAT's findings of fact, the weight given to evidence, and the conduct of the hearing (including permitting a party's family member to assist) do not raise questions of law. An application for leave to appeal that fails to identify any error of law will be refused and may be certified as totally without merit under s 14D(3) of the Supreme Court Act 1986.