Colonial Range Pty Ltd v Victorian Building Authority and Ors [2014] VSC 272

Judicial review – Natural justice – Victorian Building Authority (“Authority”) – Decision of the Authority under s 81(1) Building Act 1993 (Vic) – Decision of the Authority to consent to termination of a private building surveyor – Whether decision amenable to judicial review under the Administrative Law Act 1978 (Vic) – Whether Authority to afford natural justice to adjoining owner when making the decision – Scheme of the Building Act 1993 (Vic) – Role and functions of private and municipal building surveyors under the Building Act 1993 (Vic) – Nature of the decision made under s 81(1) Building Act 1993 (Vic) – Contrasted with decision of owner to appoint a building surveyor under s 78 Building Act 1993 (Vic) – Obiter dicta observations on the potential application of R v Panel on Take-overs and Mergers, Ex parte Datafin Plc [1986] EWCA Civ 8 to decision of owner to appoint a building surveyor under s 78 Building Act 1993 (Vic) – Ground of review on natural justice not made out – Discretion would have been exercised against relief in any event.

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