Angeleska v State of Victoria and ors (No.5)

The appeal before the court concerns a decision made by an Associate Judge of the Supreme Court of Victoria. The applicant, Angeleska, sought leave to amend her statement of claim and appealed the Associate Justice's refusal to grant leave to amend as well as the gross costs order made for interlocutory costs. Angeleska argued that the Associate Justice erred by failing to consider relevant law and evidence, resulting in an incorrect decision. The court was required to determine whether there was any error in fact or law in the Associate Justice's decisions.

The court found that there was no error in fact or law in the Associate Justice's decisions. The Associate Justice had carefully considered the relevant law and evidence and had made a correct decision in refusing leave to amend the statement of claim. Furthermore, the Associate Justice had also correctly made the gross costs order for interlocutory costs. Angeleska's argument that the Associate Justice failed to consider relevant law and evidence was rejected by the court. The court found that the Associate Justice had properly exercised their discretion in making the decisions.

The appeal was dismissed, and the orders of the Associate Justice were varied. The court found that the Associate Justice had not erred in fact or law in making the decisions. The court acknowledged that Angeleska had a right to appeal the decisions of the Associate Justice, but the court found that there was no basis for the appeal. The court varied the orders of the Associate Justice to reflect the court's decision. The court found that the Associate Justice had correctly exercised their discretion in making the decisions and that there was no error in fact or law.