Krsteski v Jovanoski

Krsteski v Jovanoski involves an appeal against a decision made by the Victorian Civil and Administrative Tribunal (VCAT). The primary dispute revolves around the sale of land and the division of proceeds between co-owners. Additionally, a cross-claim by other co-owners seeks the transfer of the entire property to them. The deceased’s estate is also implicated in the claim. The appeal was brought under sections 97, 98, 117, and 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic), as well as sections 225 and 228 of the Property Law Act 1958 (Vic).

The legal issues before the court included whether the tribunal’s conclusions were open on the evidence presented, whether there was a failure to exercise jurisdiction, either actual or constructive, and whether the tribunal failed to provide adequate reasons for its decision. The central question was whether the tribunal’s determination of the cross-claim, which was based on the onus of proof, was correct. The court examined whether the tribunal had the authority to make findings on the balance of probabilities and if it had adequately exercised its discretion under the relevant statutory provisions.

The court found that the tribunal's conclusion on the cross-claim was open on the evidence, and there was no actual or constructive failure to exercise jurisdiction. The tribunal was not obligated to make findings on the balance of probabilities, and it appropriately applied the onus of proof in determining the cross-claim. The tribunal's reasons were sufficient to justify its decision. Consequently, the appeal was dismissed, and the tribunal's determination on the cross-claim was upheld.