The Court dismissed an application for mandamus to compel the Construction Occupations Registrar to issue a certificate of occupancy, holding that where the Registrar had determined and rejected the applicant's two validly lodged applications, there was no actual or constructive failure to perform a duty capable of grounding mandamus relief. The Court further held that two subsequent email re-lodgements of earlier applications did not constitute valid fresh applications under s 26 of the Building Act 2004 (ACT). The Court confirmed that the availability of full merits review in the ACAT — including the ACAT's power under s 68 of the ACT Civil and Administrative Tribunal Act 2008 to substitute its own decision for that of the Registrar — was a further basis for declining prerogative relief, and that mandamus cannot be used to direct a decision-maker to exercise a discretionary power to deliver a particular result.
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