Krsteski & Anor v Jovanoski [2011] VSC 166 (29 April 2011)

http://www.austlii.edu.au/au/cases/vic/VSC/2011/166.html

APPEAL – Appeal from a decision of the Victorian Civil and Administrative Tribunal – Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 97, 98, 117 and 148 – Property Law Act 1958 (Vic) Part IV, ss 225 and 228 – Claim by co-owner for order for sale of land and division of proceeds – Cross-claim by other co-owners for order for transfer of whole of land to them – Claim against deceased’s estate – Tribunal unable to make findings on balance of probabilities – Cross-claim determined by onus of proof – Whether tribunal’s conclusion open on the evidence – Whether actual or constructive failure to exercise jurisdiction – Whether failure to give adequate reasons for decision – Appeal on cross-claim dismissed.