criminaldivision-departmentofjustice.docVIP

SUPREME COURT OF VICTORIA RECENT JUDGMENTS BULLETIN ISSUE NO. 6/2016 Below is a list of Victorian Supreme Court unreported judgments received in the Library from 4 to 15 April 2016. Catchwords are included when provided on the cover sheet of the unreported judgment. Enquires regarding unreported judgments can be forwarded to the Supreme Court Library at: sclib@supremecourt.vic.gov.au or telephone 03 9603 6282. TABLE OF CONTENTS Court of Appeal 1 Commercial Court 4 Common Law Division 6 Costs Court 11 Criminal Division 11 Court of Appeal APPEALS - Court of Appeal - Application for leave to appeal against decision of Victorian Civil and Administrative Tribunal - Whether Supreme Court Act 1986 s14A-s14D apply - Whether real prospect of success test in Supreme Court Act 1986 s14C applies - Comparison of real prospect of success test with test in Secretary to the Department of Premier and Cabinet v Hulls [1999] 3 VR 331 - Victorian Civil and Administrative Tribunal Act 1998 s148 - Ikosidekas v Karkanis [2015] VSCA 121 considered. STATUTORY INTERPRETATION - Legislative intention - Interpretation of two State Acts - Whether inconsistency arises - Victorian Civil and Administrative Tribunal Act 1998 s148 - Supreme Court Act 1986 s14A-s14D. JUDICIAL REVIEW - Application for leave to appeal against decision of Victorian Civil and Administrative Tribunal - Building contract - Applicants breach of contract resulted in slab heave and structural distress in respondents house - Whether Tribunal erred in assessing damages as cost of demolishing and rebuilding house - Whether Tribunal failed to provide adequate reasons - Bellgrove v Eldridge 1954 90 CLR 613, Tabcorp Holdings Ltd v Bowen Investments Pty Ltd 2009 236 CLR 272 and Kirkby v Coote [2006] QCA 61 applied - Leave to appeal granted - Appeal dismissed. WORDS AND PHRASES - civil appeal. Metricon Homes P/L ACN 005 108 752 v Softley, Earl Softley, Shelley Warren CJ, Tate JA, and Robson AJA [2016] VSCA 60 06/04/2016