VBI Properties Pty Ltd & Anor v VCAT & Port Phillip City Council

[2003] VSCA 17

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Interlocutory or final order
4. › Judicial review of interim decision of tribunal on preliminary question
5. › Whether order refusing judicial review is interlocutory
6. › Supreme Court Act 1986 (Vic), s 17A(4)(b)
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory orders
5. › Whether decision attended with sufficient doubt to warrant grant of leave
1. Administrative Law
2. › Judicial review
3. › Review of interim decision of tribunal
4. › Whether interim decision on preliminary question is reviewable decision
5. › Administrative Law Act 1978 (Vic)

Quick Take

An order of the Trial Division refusing judicial review of an interim decision by VCAT on a preliminary question is interlocutory, not final, and requires leave to appeal to the Court of Appeal under s 17A(4)(b) of the Supreme Court Act 1986 (Vic). The Supreme Court proceedings are ancillary to the Tribunal proceedings and do not constitute a principal cause.