Coroner found applicant delayed before calling ambulance
Quick Take
1An appellate court will only interfere with an interlocutory case management decision, such as a temporary stay, where the applicant demonstrates material error occasioning significant injustice; it is insufficient merely to identify an arguable error in reasoning.
2A temporary stay of a tribunal proceeding pending determination of a related appeal, grounded in substantial overlap of issues, does not constitute a constructive failure to exercise jurisdiction, denial of procedural fairness, legal unreasonableness, or abuse of process, even where neither party sought the stay on that basis.
3A summary dismissal application raising serious factual allegations — including fraud and procurement of coronial findings — that may require further evidence and attract Briginshaw considerations is quintessentially a matter for the tribunal, not for determination by an appellate court under s 148(7) of the VCAT Act.
