Smart State Vehicle Rental Pty Ltd v Tri Asset Protection Systems Pty Ltd

Smart State Vehicle Rental Pty Ltd brought an action against Tri Asset Protection Systems Pty Ltd in the County Court of Victoria, claiming rectification of a defect in a vehicle and a sum of money for the costs of the rectification. The matter was heard before a magistrate who ordered the defendant to rectify the defect and pay costs. When the defendant failed to rectify the defect and did not provide access for the plaintiff to do the work, the plaintiff applied to the magistrate for a money order. The magistrate granted the order, and the defendant appealed. The defendant applied for leave to appeal to the Court of Appeal, arguing that the magistrate's decision was in error and that the orders should be rectified. The plaintiff opposed the application for leave to appeal, arguing that the defendant had not provided grounds for leave to appeal and had failed to comply with the rules of court.

The court considered whether the defendant's failure to comply with the rules of court in Browne v Dunn constituted a failure to provide natural justice. The court also considered whether the change in orders at the second hearing constituted a failure to provide natural justice. The court found that the defendant had not provided grounds for leave to appeal and that the failure to comply with the rules of court did not constitute a failure to provide natural justice. The court also found that the change in orders at the second hearing did not constitute a failure to provide natural justice. The court considered the new evidence that the defendant had provided, which related to a defect that arose after the hearing. The court found that the new evidence should not be admitted on the application for leave to appeal.

The court found that the defendant had not provided grounds for leave to appeal and that the orders should not be rectified. The court found that the defendant had not provided evidence that the orders were in error and that the orders should stand. The court refused the application for leave to appeal.