| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2019 04740
| MICHAEL ARGYROU | Plaintiff |
| v | |
| VICTORIAN BUILDING AUTHORITY | Defendant |
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JUDGE: | McDonald J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 29 October 2019 |
DATE OF RULING: | 30 October 2019 |
CASE MAY BE CITED AS: | Argyrou v Victorian Building Authority |
MEDIUM NEUTRAL CITATION: | [2019] VSC 721 |
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INJUNCTION – Application for interlocutory injunction to restrain defendant conducting disciplinary proceedings – Serious issue to be tried as to whether defendant has jurisdiction to undertake disciplinary proceeding – Application brought at early stage of disciplinary proceeding – Plaintiff entitled to exercise rights of internal review and appeal to Victorian Civil and Administrative Tribunal if dissatisfied with outcome of disciplinary proceeding – Application for injunction refused – Building Industry Act 1993 (Vic) ss 179, 182B, 182E, 185, 186, 187 sch 8 cls 3, 4 – Interpretation of Legislation Act 1984 (Vic) s 14(2) – Victorian Civil and Administrative Tribunal Act 1998 ss 51, 148, 187 – Supreme Court (General Civil Procedure) Rules 2015 o 56.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J D Pizer QC and Mr R A Minson | Pinsent Masons |
| For the Defendant | Mr L T Brown and Ms E Smith | Victorian Government Solicitor |
HIS HONOUR:
By summons filed on 28 October 2019, the plaintiff applies for an interlocutory injunction:
(a) To restrain the defendant (‘the Authority’) until further order from:
(i) deciding that a ground exists to take disciplinary action against the plaintiff pursuant to s 182B of the Building Act1993 (Vic) (‘Act’); or
(ii) taking disciplinary action against the plaintiff pursuant to s 182E of the Act in reliance upon a show cause notice PDU/7/3097 dated 31 July 2019 (‘the notice’); or
(b) Alternatively to require the Authority to extend the show cause period for the notice until a date after the final determination of this proceeding.
The factual background of the proceeding is conveniently summarised in the plaintiff’s outline of submissions:
The Plaintiff is a building practitioner registered in the category of builder and class of commercial builder (unlimited) under Part 11 of the Act. He has been a registered building practitioner since 5 May 1995 and has never had disciplinary action taken against him by the Defendant or its predecessor, the Building Practitioners Board (the former Board).
From 18 January 2000 to 1 March 2017, Mr Argyrou was a director of Hickory Developments Pty Ltd, one of the companies in the Hickory Group (Hickory).
Hickory, which the Plaintiff and his brother established in 1991, is a leading builder and developer of commercial retail and residential buildings in Melbourne and Sydney with approximately 1000 employees.
Since 2009, Hickory has completed over 50 major construction projects. One of those was the construction of the Anstey Apartments at 597-605 Sydney Rd, Brunswick, which was completed on 27 September 2010.
In March 2017, a fire occurred on the balcony of an apartment on an upper storey…
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- AGLC
- Argyrou v Victorian Building Authority [2019] VSC 721
- Case
- [2019] VSC 721
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved interpreting the Building Industry Act 1993 (Vic) and determining whether the Authority had the jurisdictional power to proceed with the disciplinary action. Additionally, the court needed to consider whether the plaintiff had an adequate alternative remedy available to him through the Victorian Civil and Administrative Tribunal (VCAT) if he was dissatisfied with the outcome of the disciplinary proceedings.
The court found that the plaintiff had not established a serious issue to be tried regarding the Authority's jurisdiction. The court also noted that the plaintiff had the right to exercise his internal review and appeal rights with VCAT if he was dissatisfied with the outcome of the disciplinary proceedings. Consequently, the application for an interlocutory injunction was refused.
No further orders were made by the court. The plaintiff was left to pursue his internal review and appeal rights under the Building Industry Act 1993 (Vic) and the Victorian Civil and Administrative Tribunal Act 1998 if he wished to challenge the outcome of the disciplinary proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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