Daily Construction: Wednesday, 14 October 2015 View in browser
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A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
MK Builders Pty Ltd v 420 Balcombe Road Pty Ltd (VSC) - corporations - extension of time to seek leave to appeal from orders of Victorian Civil and Administrative Tribunal refused - not in interests of justice to permit appellant to rely on further evidence - appeal dismissed
Summaries With Link (Five Minute Read)
MK Builders Pty Ltd v 420 Balcombe Road Pty Ltd [2015] VSC 547
Supreme Court of Victoria
McDonald J
Corporations - associate judge refused appellant’s application for extension of time to seek leave to appeal orders made by Victorian Civil and Administrative Tribunal - appellant submitted evidence and other material before Court ‘seriously deficient’ - appellant submitted that further evidence in certain affidavits demonstrated good explanation for delay in that it was not due to appellant’s conduct but incorrect advice and conduct of its legal representatives - s553C Corporations Act 2001 (Cth) - O77 Supreme Court (General Civil Procedure) Rules 2005 (Vic) - s148 Victorian Civil and Administrative Tribunal Act 1998 (Vic) - principles governing admissibility of further evidence - held: not in interests of justice to permit appellant to rely upon further evidence - appeal dismissed.
MK Builders