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Applebee v Monash City Council

Applebee v Monash City Council

Case [2013] VSC 481

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AGLC: Applebee v Monash City Council [2013] VSC 481
Case: [2013] VSC 481
Decision Date: 6 September 2013

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Citations

Applebee v Monash City Council [2013] VSC 481

Most Recent Citation

Applebee v Monash City Council (No 2) [2013] VSC 680

Cases Citing This Decision

Sloan v Arnold Thomas and Becker (No 3) [2020] VSC 622
Citation 1 (Para 1)

…to consider whether it is arguable that the associate judge made such an error. [9] Oswal v Carson [2013] VSC 355; Applebee v Monash City Council [2013] VSC 481; Nom de Plum Nominees Pty Ltd v Wallace-Smith (in his capacity as liquidator of Ascot Vale Self-Storage Centre Pty Ltd) [2014] VSC 75; (2014) 98 ACSR 243…
Guneser v Aitken Partners Pty Ltd [2020] VSC 329
Citation 2 (Para 1)

…the part of the Costs Judge before appellate power may be exercised.[48] [48] Oswal v Carson [2013] VSC 355; Applebee v Monash City Council [2013] VSC 481; Nom De Plume Nominees Pty Ltd v Wallace-Smith (in his capacity as liquidator of Ascot Vale Self-Storage Centre Pty Ltd) [2014] VSC 75, (2014) 98 ACSR 243.…
Guneser v Aitken Partners [2020] VSC 210
Citation 3 (Para 1)

…rror on the part of the associate judge before appellate power may be exercised.[3] [3] Oswal v Carson [2013] VSC 355; Applebee v Monash City Council [2013] VSC 481; Nom De Plume Nominees Pty Ltd v Wallace-Smith (in his capacity as liquidator of Ascot Vale Self-Storage Centre Pty Ltd [2014] VSC 75; (2014) 98 ACSR…
McGowan v Hills Industries [2017] VSC 122
Citation 4 (Para 1)

…e Order from which he appeals was the result of legal, factual or discretionary error by the Associate Justice.[2] [2] Applebee v Monash City Council [2013] VSC 481 [9]–[20] (6 September 2013); David Glass (a pseudonym) v Chief Examiner & Ors [2015] VSC 29 (30 January 2015) [2].…
Weber v Deakin University [2016] VSC 147
Citation 5

…e-hearing de novo and were replaced by appeals in the strict sense, requiring error to be demonstrated’.[7] In Applebee v Monash City Council [2013] VSC 481 (‘ Applebee ’) Croucher J stated that Hargrave J…
AJH Lawyers v Mathieson Nominees Pty Ltd [2015] VSC 37
Citation 6 (Para 1)

…o such error has been established. The appeal must therefore be dismissed. [82]See Oswal v Carson [2013] VSC 355 [11]; Applebee v Monash City Council [2013] VSC 481 [9]-[20]; Re Nom de Plume Nominees Pty Ltd v Wallace-Smith [2014] VSC 75 [2]-[8].…
Glass (a Pseudonym) v Chief Examiner [2015] VSC 29
Citation 7 (Para 1)

…ee v Monash City Council [2], Re Ascot Vale Self-Storage Centre Pty Ltd (In Liquidation) [3], and Neely v Southern Cross Feeds Pty Ltd (No 2) .[4] [2][2013] VSC 481 [17]. [3][2014] VSC 75 [11]-[14]. [4][2013] VSC 238 [5].…
Patsuris v Gippsland and Southern Rural Water Corporation [2014] VSC 621
Citation 8 (Para 1)

…and make any order which ought to have been given or made at first instance. [39] Oswal v Carson [2013] VSC 355 [11]; Applebee v Monash City Council [2013] VSC 481 [9]-[20]; Re Nom de Plume Nominees Pty Ltd v Wallace-Smith [2014] VSC 75 [2]-[8].…
Adidem Pty Ltd v Cowdery [2014] VSC 533
Citation 9

…[8] Oswal v Carson [2013] VSC 355 [11]; Applebee v Monash City Council [2013] VSC 481 [9]-[20]; Re Nom de Plume Nominees Pty Ltd v Wallace-Smith [2014] VSC 75 [2]-[8].…
AusNet Electricity Services Pty Ltd v Liesfield [2014] VSC 474
Citation 10 (Para 1)

…such that the appellant must demonstrate a legal, factual or discretionary error by the associate judge.[21] [21] Applebee v Monash City Council [2013] VSC 481, [9]—[20]; Re Ascot Vale Self-Storage Centre Pty Ltd (in liquidation) [2014] VSC 75, [2]—[18].…
Applebee v Monash City Council (No 3) [2014] VSC 299
Citation 11 (Para 1)

…d and on which the appeal ultimately succeeded.[4] [4]See Appleby v Monash City Council [2013] VSC 282 at [44]-[49]; Applebee v Monash City Council [2013] VSC 481 at [21]-[50]; Applebee v Monash City Council (No 2) [2013] VSC 680 at [28]-[46].…
Re Ascot Vale Self-Storage Centre Pty Ltd (in liquidation) [2014] VSC 75
Citation 12 (Para 1)

…d on the basis that the appeal cannot be allowed unless there is legal, factual or discretionary error in the order of the Associate Judge.[12] [10][2013] VSC 481. [11]Ibid, [12]. [12]Ibid, [20].…
Applebee v Monash City Council (No 2) [2013] VSC 680
Citation 13 (Para 1)

…llant was incorrectly described in the proceedings before the Associate Judge as “Jane Appleby”. [3] Applebee v Monash City Council [2013] VSC 481.…

Cases Cited

Statutory Material Cited

SITA & BEDI [2015] FamCA 1105
Citation 1 (Para 1)

…etionary error is demonstrated”.[6] In this regard, Mr Connor referred to the judgment of Gaudron, McHugh, Gummow and Hayne JJ in Allesch v Maunz (2000) 203 CLR 172 at 180[23], where their Honours said that:…
Osland v Secretary to the Department of Justice [2010] HCA 24
Citation 2 (Para 1)

…entify with precision the question or questions of law said to arise. In this regard, he referred to Osland v Secretary, Department of Justice (No 2) (2010) 241 CLR 320 (“ Osland (No 2) ”) at 333[21] and Hoe v Mannighham City Council [2011] VSC 37 at [3]-[4]. As I understood Mr Connor, his submission was that it foll…
Allesch v Maunz [2000] HCA 40
Citation 3 (Para 1)

…factual or discretionary error is demonstrated”.[6] In this regard, Mr Connor referred to the judgment of Gaudron, McHugh, Gummow and Hayne JJ in Allesch v Maunz (2000) 203 CLR 172 at 180[23], where their Honours said that:…
Secretary to the Department of Premier and Cabinet v Hulls [1999] VSCA 117
Citation 4 (Para 1)

…s no real or significant argument to be put that the Tribunal erred in law. [7]See, e.g., Secretary, Department of Premier and Cabinet v Hulls [1999] 3 VR 331 at 335[8]-337[17].…
Appleby v Monash City Council [2013] VSC 282
Citation 5 (Para 1)

…On 29 May 2013, the Associate Judge refused the application and published reasons for her decision.[2] [2] Appleby v Monash City Council [2013] VSC 282. The applicant was incorrectly described in the proceedings before the Associate Judge as “Jane Appleby”. The order refusing leave to appeal was not authenticated…
Neely v Southern Cross Feeds Pty Ltd (No 2) [2013] VSC 238
Citation 6 (Para 1)

…uggest the nature of the appeal under the new Rule 77.06 is an appeal in the strict sense. In Neely v Southern Cross Feeds Pty Ltd (No 2) [2013] VSC 238 at [5], Hargrave J opined that the new Rule 77.06 provides for “appeals in the strict sense, requiring error to be demonstrated”. However, his Honour appeared to…
Dudas v Monash City Council; Tarawa-Shearer v Darebin City Council [2012] VSC 578
Citation 7 (Para 1)

…Dudas v Monash City Council; Tarawa-Shearer v Darebin City Council [2012] VSC 578 (“ Duda s”) is the leading decision on the test to be applied in determining whether a dog falls within the Standard.…
Hoe v Manningham City Council [2011] VSC 37
Citation 8 (Para 1)

…referred to Osland v Secretary, Department of Justice (No 2) (2010) 241 CLR 320 (“ Osland (No 2) ”) at 333[21] and Hoe v Mannighham City Council [2011] VSC 37 at [3]-[4]. As I understood Mr Connor, his submission was that it followed that I should be astute to identify such questions of law in considering wheth…

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