Kaur v RMIT

The case of Kaur v RMIT involves an appeal by Ms Kaur against the decision of the Supreme Court of Victoria, which had dismissed her application for leave to appeal from a decision of the Victorian Civil and Administrative Tribunal (VCAT). The primary legal issues that the court was required to address centred on whether the appeal raised a question of law, whether the application for leave to appeal was totally without merit, and whether there were procedural errors or omissions by VCAT or the Court that affected the fairness of the hearings.

The Court of Appeal held that the appeal did not raise a question of law and was totally without merit. Ms Kaur argued that new evidence regarding her mental health and visa situation, which was not considered by VCAT or the Supreme Court, was crucial for a fair review of her case. However, the court found that the trial judge had the discretion to decide whether to permit further evidence on the hearing of the appeal and that Ms Kaur had not advanced any error by the judge in the exercise of that discretion. Additionally, the court found that the proposed grounds of appeal concerning Ms Kaur's capacity to enter into the deed did not raise any question of law.

Regarding the alleged procedural errors or omissions, the court concluded that there was no basis for an argument that there was a breach of procedural fairness by either the judge or the Tribunal Member. The court found that Ms Kaur was given an opportunity to present her case, both in writing and orally, by the Tribunal and by the Court.

The final orders of the Court of Appeal were that the application for leave to appeal to the Court of Appeal was totally without merit and was dismissed with costs.