MANIFESTLY HOPELESS

Halls vs Kliger Wood R/E Pty Ltd is a sad case about an applicant who received a costs order (against) following the finding of Member E Wentworth, among other things, that the case brought before the VCAT was manifestly hopeless.

The Member found that the respondents’ legal counsel had already put the applicant on notice of the hopelessness of the application (at which point it would have probably amounted to “free” legal advice in favour of the applicant), yet he still chose to proceed to a hearing?

The Member’s decision essentially mirrored the earlier advice given to the applicant by the respondents’ solicitors by way of letter, prior to the hearing.

http://www.austlii.edu.au/au/cases/vic/VCAT/2013/2020.html

 

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