| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2021 00382
| SAURABH BAID | Plaintiff |
| v | |
| SONU AGRAWAL | First defendant |
| JUDGE LAURISTEN, COUNTY COURT OF VICTORIA | Second defendant |
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JUDGE: | Irving AsJ |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 14 October 2021 |
DATE OF JUDGMENT: | 24 February 2022 |
CASE MAY BE CITED AS: | Baid v Agrawal & Anor |
MEDIUM NEUTRAL CITATION: | [2022] VSC 87 |
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ADMINISTRATIVE LAW – Judicial Review – Application for judicial review of County Court judge’s order granting final personal safety intervention order in appeal from order made by magistrate pursuant to Personal Safety Intervention Orders Act 2010 – ss 5-10, 47, 61, 97 - Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43, Hossain v Minister for Immigration and Border Protection [2018] HCA 34 - MZAPC v Minister for Immigration and Border Protection [2021] HCA 17.
PRACTICE AND PROCEDURE – Application for summary dismissal of application for judicial review – Not reasonably arguable that County Court judge made reviewable error – Proposed grounds for judicial review have no prospects of success - Judicial review has no prospects of success – Summary dismissal granted - Civil Procedure Act 2010, ss 62, 63 - Shan v Zhang & Ors [2021] VSC 452, applied - Craig v South Australia (1995) 184 CLR 163.
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APPEARANCES: | Counsel | Solicitors |
| The Plaintiff, in person | Self-represented litigant | |
| For the First Defendant | Mr Richardson of counsel | Knight Family Lawyers |
| No appearance for the Second Defendant |
HIS HONOUR:
Introduction
This proceeding concerns an application by the plaintiff, Mr Baid, for judicial review of the decision of the County Court of Victoria (County Court), on appeal from the Magistrates’ Court of Victoria (Magistrates’ Court), to make a personal safety intervention order (PSIO) against him. Mr Agrawal, the first defendant, is named as the protected person in the PSIO. PSIO are made under the Personal Safety Intervention Orders Act 2010 (PSIO Act).
In accordance with the normal practice, the second defendant entered an appearance and advised that it did not intend to take any active role in the proceeding and would abide by the decision of this Court in accordance with the Hardiman principle.[1]
By summons filed 12 August 2021, Mr Agrawal seeks summary judgment against Mr Baid pursuant to s 62 of the Civil Procedure Act 2010 (CPA) and an order for Mr Baid to pay his costs of the proceedings.
For the reasons that follow, I have decided to grant the application for summary judgment and will dismiss the proceedings.
Background
Mr Baid and Mr Agrawal met and became friends in Nepal. After moving to Australia in 2005 and 2006 respectively, they formed a successful international education consultancy business, AECC Global Pty Ltd (AECC).
By around late 2017, Mr Baid and…
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- AGLC
- Baid v Agrawal [2022] VSC 87
- Case
- [2022] VSC 87
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the County Court judge’s decision to uphold the PSO was subject to judicial review and if the grounds proposed by Baid had any prospects of success. The Court considered whether there was a reviewable error in the County Court judge’s decision-making process and if the proposed grounds for judicial review were likely to succeed. The Court applied principles from relevant authorities such as Wingfoot Australia Partners Pty Ltd v Kocak and Hossain v Minister for Immigration and Border Protection, along with MZAPC v Minister for Immigration and Border Protection, to assess the merits of the judicial review application.
The Court determined that the application for judicial review did not present a case that was reasonably arguable, and the proposed grounds for review had no prospects of success. The Court held that the County Court judge had not made a reviewable error in upholding the PSO, as the decision was based on a proper consideration of the evidence and applicable legal standards. Consequently, the Court granted the summary dismissal of the application for judicial review, applying provisions from the Civil Procedure Act 2010 and referencing cases such as Shan v Zhang & Ors and Craig v South Australia.
The final orders of the Court were to summarily dismiss the application for judicial review, with no orders as to costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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