White v Macedona Pty Ltd

White brought a proceeding in the Magistrates' Court of Victoria against Macedona, seeking to terminate a residential tenancy agreement. Macedona responded by counterclaiming for an order for White to pay unpaid rent and costs. Following a hearing, the Magistrate issued a warrant of possession in favour of Macedona. Dissatisfied with the decision, White sought to appeal the decision to the County Court. Macedona opposed the application for leave to appeal on the basis that White had failed to comply with a number of directions made by the Magistrate, including the requirement to provide a full and final affidavit. The court was required to determine whether leave to appeal should be granted, given White's failure to comply with directions. The court held that White had failed to comply with the directions and that it was not satisfied that the appeal had prospects of success. The court dismissed the application for leave to appeal. The court held that there was no error in the Magistrate's approach to assessing White's evidence. The court found that the Magistrate was entitled to determine that the evidence of White was not credible and that the appeal did not have prospects of success. The court also found that the Magistrate had considered all of White's evidence.