Harvey & Anor v Mutsaers & Ors

[2011] VSCA 101

Victorian Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › From refusal of leave to appeal from VCAT
4. › Questions of general and public importance
5. › Sufficient doubt as to correctness of refusal
6. › Supreme Court Act 1986 (Vic), s 17A(3A)(a)
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148(1)(b)
1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Jurisdiction
5. › Power to disregard non-compliance with planning enactments
6. › Scope of clause 62 of Schedule 1
7. › Whether clause 62 empowers Tribunal to disregard failure to comply with substantive time limits
8. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), sch 1 cl 62
9. › Planning and Environment Act 1987 (Vic), s 69(1)

Quick Take

The scope and operation of clause 62 of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 — specifically whether it empowers VCAT to disregard non-compliance with substantive statutory time limits such as s 69(1) of the Planning and Environment Act 1987 — is an unresolved question of general and public importance warranting appellate consideration. The question of whether cl 62 is limited to curing technical or procedural defaults, or extends to substantive non-compliance, remains open.