Le Tuan Pham v Minh Nguyen

[2012] HCASL 182

LE TUAN PHAM

v

MINH NGUYEN

[2012] HCASL 182
M21/2012

1. The applicant leased garage premises from the respondent.  After being served with a Building Order prohibiting occupation of the premises as a habitable room, the respondent served upon the applicant a Notice to Vacate and further Notice to Vacate on 22 July 2011 and 3 August 2011 respectively.

2. On the respondent's application, the Victorian Civil and Administrative Tribunal made orders with effect that the applicant was to vacate the premises.  On 29 November 2011, Cavanough J refused leave to appeal from those orders to the Supreme Court of Victoria.  On 24 February 2012, the Court of Appeal (Nettle JA and Kyrou AJA) refused leave to appeal from the orders of Cavanough J.

3. The applicant for special leave to appeal seeks to argue that he was denied procedural fairness and that the Court of Appeal erred in its approach, including by breaching the Charter of Human Rights and Responsibilities Act 2006 (Vic). There is no reason to doubt the correctness of the Court of Appeal's approach, or its decision. The application for special leave is dismissed.

4. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
12 December 2012 S.J. Gageler