Application for leave to appeal having no prospects of success
Application for leave to appeal refused. Supreme Court Act 1986, s 14D; Victorian Civil and Administrative Act 1998, s 148.
Quick Take
1The discretion under s 77(3) of the VCAT Act to refer a matter to a court is conditioned only by the Tribunal considering it appropriate to do so; a mere lapse of time does not, without more, necessitate the Tribunal exercising that very wide discretion in a particular way such that failure to refer constitutes an error of law.
2Under s 210 of the Residential Tenancies Act 1997, VCAT's power to order compensation is confined to the parties to the tenancy agreement; a landlord's real estate agent who is not a party to the tenancy agreement cannot be joined as a respondent to a compensation claim under that section, and the contractual relationship between landlord and agent is not akin to a partnership.
3An appeal under s 148(1) of the VCAT Act lies only on a question of law; a proposed question that raises issues of general application untied to the specific order under challenge, or that seeks an advisory opinion, does not qualify as a question of law for that purpose.
