| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2024 01018
| AHMED KAMIL MOHAMED CASSIM | Plaintiff |
| v | |
| LAUREN DAHABY | First Defendant |
| and | |
| COUNTY COURT OF VICTORIA | Second Defendant |
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JUDGE: | Watson J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 24 February 2025 |
DATE OF JUDGMENT: | 3 March 2025 |
CASE MAY BE CITED AS: | Cassim v Dahaby & Anor (No 2) |
MEDIUM NEUTRAL CITATION: | [2025] VSC 69 |
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PRACTICE AND PROCEDURE – Final relief – Judicial review of County Court judgment – Error of law established – Inadequate reasons provided – Whether relief should be refused because error not material or on discretionary grounds – Whether matter should be remitted to a different judge to be heard and determined – Whether matter should be remitted to the primary judge for the production of reasons regarding the rejection of the plaintiff’s evidence – Matter to be remitted to the County Court for hearing and determination by a different judge.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr D Gurvich KC with Ms N Kaye | Avant Law |
| For the First Defendant | Mr L McAuliffe with Mr R Slattery | Office of Public Prosecutions |
| For the Second Defendant | No appearance |
HIS HONOUR:
In this matter I delivered reasons on 12 February 2025. In those reasons I found that a judge of the County Court had erred in failing to give adequate reasons for her findings that Dr Cassim was guilty of four charges of sexual assault. Based on a review of relevant authorities, I found that the reasons of the County Court (‘Reasons’) were inadequate because they did not contain any relevant discussion of why the evidence of Dr Cassim was rejected (‘the identified error’).
On 24 February 2025 I heard the parties on the question of the relief which should flow from my earlier finding.
At that hearing, Dr Cassim contended that the appropriate remedy in light of my findings was that the orders of the County Court should be set aside and the matter be remitted to the County Court to be heard and determined by a different judge. The first defendant contended that no relief should be granted and that the application should be dismissed with costs.
I invited both parties to address me on the question of whether it was appropriate for me to issue an order in the nature of mandamus requiring the County Court judge to provide reasons for her rejection of the evidence of Dr Cassim. Dr Cassim said it was not. The first defendant said that, if I was not minded to accede to their primary position, relief of that nature would be appropriate.
For the reasons that follow, Dr Cassim’s submissions as to the appropriate remedy should be accepted.
The first defendant says the identified error was not material, in the sense that there was no realistic possibility the decision could have been different if the error had not occurred and so no relief in the…
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- AGLC
- Cassim v Dahaby (No 2) [2025] VSC 69
- Case
- [2025] VSC 69
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the identified errors of law were material and required a new hearing, or if they were non-material and should be disregarded. Additionally, the Court had to consider whether the matter should be remitted to the County Court for a new hearing before a different judge due to the inadequacy of the reasons provided by the primary judge. The Court also needed to assess if the matter should be remitted to the primary judge for the production of reasons regarding the rejection of Ms Dahaby’s evidence.
The Court of Appeal found that the primary judge had indeed erred in law, and that the reasons provided were inadequate. The errors of law were material, leading to a miscarriage of justice. The Court concluded that the matter should be remitted to the County Court for a new hearing before a different judge. This decision was made to ensure a fair and unbiased hearing, given the deficiencies in the reasons provided by the primary judge and the errors of law that were identified. The Court also noted that remitting the matter to the primary judge for the production of reasons regarding the rejection of Ms Dahaby’s evidence would not be appropriate as it would not address the fundamental issues with the primary judge’s handling of the case.
The final orders of the Court of Appeal were to remit the matter to the County Court for a new hearing and determination by a different judge. This decision ensures that Ms Dahaby’s claims are properly heard and assessed, free from the errors of law and inadequate reasoning that marred the original proceedings.
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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