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Janover v Muto

Janover v Muto

Case [2017] VCC 811

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AGLC: Janover v Muto [2017] VCC 811
Case: [2017] VCC 811
Decision Date: 22 June 2017

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Citations

Janover v Muto [2017] VCC 811

Most Recent Citation

Muto v Shepparton City Council [2018] VSCA 73

Cases Citing This Decision

Milvan Frank Muto v Shepparton City Council and Robert Crow [2018] VSCA 274
Citation 1 (Para 1)

…nd the second related to a decision made by Judge Marks in the County Court.[4] [3] Muto v Shepparton City Council [2017] VSC 210. [4] Janover v Muto [2017] VCC 811.…
Muto v Shepparton City Council [2018] VSCA 73
Citation 2 (Para 1)

…indemnity for costs incurred by the applicant in the serious misconduct proceeding pursuant to cl 46F of sch 1 to the VCAT Act. [2] Janover v Muto [2017] VCC 811 (‘Judge Marks decision’.)…

Cases Cited

Statutory Material Cited

Bondelmonte and Bondelmonte (No 2) [2016] FamCA 526
Citation 1

…91 The rule against bias is that “justice should be both done and be seen to be done”: Ebner v Official Trustee in Bankruptcy . (2000) 205 CLR 337, [6] (Gleeson CJ, McHugh, Gummow and Hayne JJ). The rule requires that the decision-maker is not actually biased in reaching their determination and there is no basis for…
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37
Citation 2

…cts, are well-established. They were summarised by French CJ, Nettle and Gordon JJ in Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104 “ [46] The rights and liabilities of parties under a provision of a contract are determined objectively, by reference to its text, context (the entir…
Tsueneaki v Stewart [2013] ACTCA 34
Citation 3

…cts and is unclear and it fails the tests required under the Civil Procedure Act and Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 principles in relation to an application to amend.…
SZAYJ v Minister for Immigration [2004] FMCA 918
Citation 4

…and difficult to prove. Allegations must be “distinctly made and clearly proved”. Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, [69] (Gleeson CJ and Gummow J).…
Minister for Immigration And Multicultural Affairs v Jia Legeng [2001] HCA 17
Citation 5

…92 Actual bias is rarely alleged, and difficult to prove. Allegations must be “distinctly made and clearly proved”. Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, [69] (Gleeson CJ and Gummow J).…
Ebner v Official Trustee in Bankruptcy [2000] HCA 63
Citation 6

…91 The rule against bias is that “justice should be both done and be seen to be done”: Ebner v Official Trustee in Bankruptcy . (2000) 205 CLR 337, [6] (Gleeson CJ, McHugh, Gummow and Hayne JJ). The rule requires that the decision-maker is not actually biased in reaching their determination and there is no basis for a reasonable perception of bi…
Kay v Attorney-General [2000] VSCA 176
Citation 7 (Para 27)

…al proceeding” (and therefore not the continuation of a legal proceeding unless it is a step within the same court): Kay v The Attorney-General (2000) 2 VR 436 at [27], Chernov JA (with whom Ormiston and Batt JJA agreed). An appeal from the County Court gives rise to a separate legal proceeding in the Court of App…
Johnson v Johnson [2000] HCA 48
Citation 8

…on who came to court expecting a judge to remain, until the moment of pronouncement of judgment, as inscrutable as the Sphinx.” Johnson v Johnson [2000] HCA 48; 201 CLR 488, [13] (Gleeson CJ, Gaudron, McHugh, Gummow and Hayne JJ). (citations omitted)…
Commonwealth v Verwayen [1990] HCA 39
Citation 9

…in circumstances where departure from the assumption by [the Council] would be unconscionable.” ( Austotel Pty Ltd v Franklins Self-Serve Pty Ltd (1989) 16 NSWLR 582 at 610, Priestley JA, referring to the Judgment of Brennan J in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387).…
Waltons Stores (interstate) Ltd v Maher [1988] HCA 7
Citation 10

…ns Self-Serve Pty Ltd (1989) 16 NSWLR 582 at 610, Priestley JA, referring to the Judgment of Brennan J in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387).…
R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group [1969] HCA 10
Citation 11

…bias in relation to pre-judgement must be “firmly established”. R v Commonwealth Conciliation and Arbitration Commission; Ex parte Angliss Group (1969) 122 CLR 546, 553-554; R v Watson; ex parte Armstrong (1976) 136 CLR, 262. A predisposition to a particular view is not necessarily pre-judgement. Minister for Immigr…
Australian Woollen Mills Pty Ltd v The Commonwealth [1954] HCA 20
Citation 12

…o give or do anything of value in order to receive its benefit. The Council provided gratuitous funding, analogous to a government subsidy such as in Australian Woollen Mills Pty Ltd v The Commonwealth (1954) 92 CLR 424 per Dixon CJ, Williams, Webb, Fullagar and Kitto JJ. Mr Muto was given funding for legal representation that he otherwise would have had t…
Muto v Shepparton City Council [2017] VSC 210
Citation 13

…s Court. (I note that the decision in that case has been handed down subsequent to the hearing before me: Milvan Frank Muto v Shepparton City Council [2017] VSC 210.).…
Hodgson v Amcor (No. 8) [2012] VSC 162
Citation 14

…that such an order falls within Order 36.07 of the County Court Civil Procedure Rules 2008 (the slip rule). See James George Hodgson v Amcor Limited, [2012] VSC 162 where Vickery J said:…

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