SUPREME COURT OF VICTORIA - COURT OF APPEAL
Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue
[2003] VSCA 199
Ormiston, Phillips and Callaway JJA
11 December 2003 - Melbourne
Callaway JA. 15 The circumstances in which this appeal came before the court on 20th November 2003 are recorded in the reasons for judgment prepared by Phillips JA, which I have read in draft. Subject only to giving counsel for the Commissioner an opportunity to be heard on the question of remitter, I would have allowed the appeal forthwith, set aside the order made by Balmford J and remitted the application for leave to appeal pursuant to s 148(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) to the Trial Division. (I would have allowed the appeal because her Honour gave no reasons. That is not to criticise the course she took, which was in conformity with existing authority and practice.) I would have directed that the application be heard by the judge who would hear the appeal from the tribunal to the Trial Division if leave were granted.
16 I have been troubled by whether that is still the appropriate course now that we have heard the appeal in full; but, as the other members of the court think it is, I do not wish to dissent. I agree with their Honours as to costs.
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