See v Morley

The appeal in See v Morley concerned a minor civil dispute where a decision had been made in default. The applicant, Andrew See, sought leave to appeal against the decision made in default by the respondent, Wade Morley. The application to set aside the decision in default was previously refused, leading to this appeal. The matter was before the Supreme Court of Victoria.

The court was required to determine whether the grounds for leave to appeal were met. Specifically, the court had to consider whether the appeal raised a question of law of public importance or whether it was in the interests of justice to allow the appeal. The court also had to assess whether the applicant had demonstrated a substantial miscarriage of justice due to the decision made in default.

In granting leave to appeal and allowing the appeal, the court found that the appeal raised questions of law of public importance and was in the interests of justice. The court concluded that the applicant had demonstrated a substantial miscarriage of justice due to the decision made in default. The court set aside the decision dated 24 June 2014 and the decision in default dated 5 May 2014. The claim was returned to the tribunal for rehearing. Andrew See was ordered to file and serve a response, and any material on which he wanted to rely, by 15 December 2014. If Andrew See failed to file and serve a defence by that date, Wade Morley was at liberty to enter a decision in default of a response.