Arshad Ali Khan v Victorian Civil and Administrative Tribunal

In the matter of Arshad Ali Khan, the applicant sought an enforcement order against the Victorian Civil and Administrative Tribunal (VCAT). The application arose from a dispute regarding the alleged contravention of a planning scheme and a planning permit in relation to a plan of subdivision. The plan of subdivision had been registered, but the applicant contended that certain obligations remained in place despite registration. The case was heard in the Supreme Court of Victoria, which had to determine whether the planning scheme and the planning permit imposed obligations that survived the registration of the subdivision plan.

The court was required to decide whether the planning scheme and the planning permit imposed obligations that survived the registration of the subdivision plan, and whether VCAT had jurisdiction to hear the application for an enforcement order. Additionally, the court needed to consider whether the applicant had established an error by VCAT that, if uncorrected, would result in an injustice to the applicant.

The Supreme Court found that the planning scheme and planning permit did not impose obligations that survived the registration of the subdivision plan. It was also determined that VCAT did not lack jurisdiction to hear the application. Finally, it was held that the applicant had not demonstrated that an error by VCAT, if uncorrected, would result in an injustice. Consequently, the application for leave to appeal was refused. The court's decision was based on the interpretation of the relevant statutory provisions and the established principles in Manderson v Wright [2016] VSC 677.