MacDonald v Grundy

[2025] VSCA 340

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Extensions of time
5. › Self-executing orders dismissing appeals for non-compliance
6. › Whether utility in granting extension where underlying appeals had no prospects of success
7. › Magistrates' Court Act 1989 (Vic), s 109(5)
1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigants
4. › Scope of assistance to be provided by judge
5. › Whether hearing conducted fairly
6. › Whether adequate notice of issues given
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Self-represented litigants
5. › Whether indemnity costs appropriate where application totally without merit but applicant unrepresented

Quick Take

A self-represented litigant's applications for leave to appeal will be refused as totally without merit where the underlying appeals have no prospects of success, and indemnity costs will generally not be awarded against unrepresented litigants who have not had the benefit of legal advice.