City of Port Phillip v Shout Rock Cafes Pty Ltd & Anor

[2023] VSCA 327

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Construction of statutory provisions
3. › Disjunctive versus conjunctive reading
4. › Whether qualifying words apply to all preceding categories or only the last
5. › Building Act 1993 (Vic), s 113
1. Administrative Law
2. › Building regulation
3. › Building orders for minor works
4. › Scope of power under s 113 of the Building Act 1993 (Vic)
5. › Whether power to order minor works extends to restricting access to or occupancy of a building
6. › Distinction between orders requiring building work and orders controlling occupancy
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether special circumstances demonstrated
5. › Appellate review of costs discretion
6. › Whether arguable error in exercise of discretion

Quick Take

A building order for minor works under s 113 of the Building Act 1993 (Vic) may require building work, protection work, or other work required by the regulations, without each category needing to be 'required by the regulations'. However, s 113 does not authorise orders that in substance restrict access to, or control occupancy of, a building or part of a building — such orders must be made under the building notice and building order provisions of ss 106–111 or the emergency order provisions. The phrase 'building work, protection work or other work required by the regulations' in s 113 (and s 111(5)) is to be read disjunctively.