Concrete Construction Systems Pty Ltd v Inglese

[2025] VSCA 218

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Summary determination of proceeding
5. › Conduct causing disadvantage
6. › Scope of power under s 78(2)(b)(i)
7. › Whether 'proceeding' encompasses entire action including claim and counterclaim
8. › Whether power to 'determine the proceeding in favour of the applicant' permits determination of both claim and counterclaim on application of counterclaimant
9. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 78(2)(b)(i)
1. Statutory Interpretation
2. › Meaning of 'proceeding'
3. › Broad and flexible construction preferred
4. › Legislative intention to establish Tribunal as flexible low-cost and informal forum
5. › Purpose of provision to enable appropriate response to disadvantageous conduct
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 3, 78(2)
7. › Interpretation of Legislation Act 1984 (Vic), s 35(a)
1. Administrative Law
2. › Tribunals
3. › Appeals from Tribunal orders
4. › Whether appeal available from Tribunal's reasons as distinct from orders
5. › Section 117(6) providing reasons form part of order
6. › No evidence of legislative intent to provide appeal from reasons
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), ss 117(6), 148(1)
1. Practice and Procedure
2. › Extension of time to appeal
3. › Inordinate and inadequately explained delay
4. › Prejudice to respondents
5. › Deliberate choice to pursue alternative remedy
6. › Limited merit of proposed appeal

Quick Take

The term 'proceeding' in s 78(2)(b)(i) of the VCAT Act bears a broad and flexible meaning permitting the Tribunal to determine the entire proceeding — including both claim and counterclaim — in favour of a respondent/applicant by counterclaim where the applicant's disadvantageous conduct affects the whole proceeding.