| Nolan v Executive Director, Land Management Policy, Department of Environment and Primary Industries (VSCA) - administrative law - dismissal of committee member for breaches of Victorian Public Entity Directors’ Code of Conduct 2006 - appeal dismissed |
| SSC Plenty Road v Construction Engineering (Aust) (VSC) - security of payments - construction contract - jurisdictional error by adjudicator - relief in nature of certiorari granted |
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| Summaries With Link (Five Minute Read) |
Nolan v Executive Director, Land Management Policy, Department of Environment and Primary Industries [2015] VSCA 301
Court of Appeal of Victoria
Warren CJ; Tate & Kaye JJA
Administrative law - appellant was member of committee which managed, improved, maintained and controlled reserved Crown land - appellant removed from position on committee by respondent for breaches of Victorian Public Entity Directors’ Code of Conduct 2006 - appellant sought judicial review of respondent’s decision - trial judge dismissed application - appellant appealed - held: no error in respondent’s finding that appellant breached requirement in Code not to place himself in position of conflict of interest - no error in trial judge’s interpretation of the Code’s ‘leadership and stewardship’ requirement - no error in trial judge exercising discretion not to grant declaratory relief - appeal dismissed.
Nolan
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SSC Plenty Road v Construction Engineering (Aust) [2015] VSC 631
Supreme Court of Victoria
Vickery J
Security of payments - construction contract - plaintiff sought judicial review of adjudicator’s determination under Building and Construction Industry Security of Payment Act 2002 (Vic) on grounds ‘excluded amounts’ as defined in Act were wrongly taken into account and that there was failure to value work in accordance with the Act - “method of resolving disputes” - “laws must not command the impossible” - ss10A(3)(d)(ii) &48 - held: plaintiff succeeded in claim for relief by way of certiorari on ground of jurisdictional error in respect of Disallowed Variation Claims and Disallowed Deduction Claims - plaintiff entitled to relief in nature of certiorari
SSC
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