The Court of Appeal refused leave to appeal from a Trial Division decision which itself refused leave to appeal from a VCAT order extending the storage period for goods left behind after termination of a residential tenancy by 21 days under ss 395 and 401(a) of the Residential Tenancies Act 1997. Beach JA held that VCAT made no error of law, that the storage extension order was plainly open on the facts and indeed generous given the lengthy period already afforded, and that s 386(3) confers a discretion on the owner to remove goods but does not oblige the owner to do so or empower VCAT to compel removal. The application was certified as totally without merit under s 14D(3) of the Supreme Court Act 1986.
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