Rajendran v Heritage Council

[2017] VSCA 48

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Mandamus
3. › Preconditions for grant
4. › Refusal or failure to perform statutory duty
5. › Whether duty to remove property from heritage register remained unperformed where no application for removal made
6. › Heritage Act 1995 (Vic), s 54
1. Administrative Law
2. › Judicial review
3. › Supervisory jurisdiction
4. › Scope of court's power
5. › Whether court can exercise powers delegated by Parliament to statutory body
6. › Whether court has freestanding power to order removal from heritage register
7. › Heritage Act 1995 (Vic), ss 8, 42, 54
1. Town and Country Planning
2. › Heritage buildings, places and objects
3. › Victorian Heritage Register
4. › Removal of place from Register
5. › Statutory process under Heritage Act 1995 (Vic), s 54
6. › Whether court can compel removal where statutory process not engaged
1. Appeal
2. › Leave to appeal
3. › Real prospect of success
4. › Supreme Court Act 1986 (Vic), s 14C

Quick Take

A property owner who wishes to have a property removed from the Victorian Heritage Register must first apply to the Heritage Council under s 54 of the Heritage Act 1995; the Supreme Court has no freestanding power to order removal and mandamus cannot issue where the statutory process has not been engaged. The Court's jurisdiction over heritage decisions is purely supervisory.

Case Details

Citation[2017] VSCA 48

CourtVSCA

JurisdictionVictoria

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Relies on22

2015Kennedy v Shire of CampaspeVSCA 47
2011Goodman v Victorian Civil and Administrative Tribunal & OrsVSC 35
2005Murdesk Investments Pty Ltd v Roads CorporationVSC 39
2004Rajendran & Anor v TonkinVSCA 43
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