Chen Wei v Na Yu

In the matter of Chen Wei v Na Yu, the applicants sought leave to appeal against a decision of the Deputy President of the Victorian Civil and Administrative Tribunal (VCAT). The dispute centred on the characterisation of certain financial transactions between the parties. The applicants argued that the Deputy President erred in determining that funds they had advanced to the respondent did not constitute a loan. The applicants also contended that the Deputy President had failed to provide a legal characterisation for the transaction and had made adverse credibility findings against them without sufficient justification.

The primary legal issues before the court were whether the Deputy President’s failure to provide a legal characterisation for the transaction constituted an error of law or amounted to inadequate reasons, and whether the applicants could argue claims not presented at first instance. The court also examined whether the Deputy President had erred in not characterising the payments as money had and received. Furthermore, the applicants raised concerns about procedural fairness, including the adequacy of translation services and the length of the trial, as well as an application to remove an affidavit from the court file.

The court found that the applicants had not established a prima facie case for an arguable error of law or inadequate reasons. The Deputy President’s findings were supported by the evidence and the applicants had not demonstrated a clear error in law. Regarding procedural fairness, the court held that the applicants’ circumstances had been sufficiently accommodated, and the length of the trial did not amount to unfairness. The court also granted the application to remove the scandalous and defamatory affidavit from the court file. The application for leave to appeal was dismissed, and no orders were made regarding the substantive issues of the case.