Quick v Lam-Ly Pty Ltd

Quick was the plaintiff and Lam-Ly Pty Ltd was the defendant in a dispute heard by the Court of Appeal. Quick sought damages for breach of contract and misleading and deceptive conduct, arising from a contract for the sale of property. The case was first heard by VCAT, which dismissed Quick’s claims and ordered Quick to pay Lam-Ly’s costs. Quick applied for leave to appeal VCAT’s decision to the Trial Division. That application was dismissed. VCAT then granted an ex parte order staying its original decision pending the outcome of the appeal to the Trial Division. Quick applied to the Court of Appeal for leave to appeal the Trial Division’s decision. The Court of Appeal had to determine whether VCAT was right to grant a stay of its original order after the appeal to the Trial Division was dismissed, whether Quick had an arguable ground of appeal, and whether the stay granted by VCAT should be continued. The Court of Appeal found that VCAT had no jurisdiction to grant a stay once the appeal to the Trial Division had been dismissed. The Court held that the appeal to the Trial Division was an independent appeal, and the dismissal of that appeal did not affect VCAT’s original decision. The Court also found that Quick did not have an arguable ground of appeal. Finally, the Court held that the stay granted by VCAT should not be continued. The Court terminated the stay and ordered Quick to pay Lam-Ly’s costs of the appeal.