Lucas v Aparo

[2025] VSCA 99

Victorian Court of Appeal

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Interrogate

Catchwords

1. Landlord and Tenant
2. › Residential rental agreement
3. › Possession order
4. › Notice to vacate on basis owner wanted to sell property
5. › Application by tenant to review possession order refused by VCAT
6. › Application for leave to appeal VCAT's orders refused by primary judge
7. › Whether proposed appeal from primary judge's refusal had real prospect of success
8. › Victorian Civil and Administrative Tribunal Act 1998, s 148
9. › Supreme Court Act 1986, s 14C
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Appeal from VCAT on question of law only
5. › Whether complaints raised questions of law or merely factual disputes
6. › Victorian Civil and Administrative Tribunal Act 1998, s 148
1. Practice and Procedure
2. › Adjournment
3. › Discretion of tribunal to grant or refuse adjournment
4. › Whether refusal of adjournment on medical grounds constituted denial of natural justice

Quick Take

Complaints that VCAT decided matters on an incorrect factual basis or failed to find facts as a party would have them do not raise questions of law capable of grounding leave to appeal under s 148 of the VCAT Act.