Hallett v City of Port Phillip (VSC) - public health - noise nuisance - erroneous affirmation of improvement notices issued by Council
Summaries With Link (Five Minute Read)
Hallett v City of Port Phillip [2015] VSC 313 Supreme Court of Victoria Ginnane J Public health - nuisance caused by noise - two appeals from Magistrate’s decision affirming improvement notices issued by Council in respect of excessive noise coming from old house - whether Council could issue improvement notices only if it believed appellants had contravened s61 Public Health and Wellbeing Act 2008 and it was likely contravention was continuing and would reoccur - service of notices - natural justice - held: appellants established Magistrate erred in law by finding Act did not oblige Council to inform them of nuisance allegations and give them opportunity to respond to them before issuing improvement notices - Magistrate also erred in deciding appeal created by s208 did not entitle Magistrates’ Court to take into account matters occurring after issue of improvement notices such as Victorian Civil and Administrative Tribunal orders - Court to hear parties about appropriate form of orders. Hallet
