Borrowdale House Pty Ltd v Environment and Sustainable Development Directorate (Administrative Review)

Borrowdale House Pty Ltd sought judicial review of a decision by the Environment and Sustainable Development Directorate regarding the calculation of a Capital Upgrade Contribution (CUC). The case was heard and determined in the Administrative Review Division of the Supreme Court of Victoria. The appellant contested the amount of the CUC imposed upon it, arguing that the Directorate had miscalculated the added value of its property due to the recent rezoning.

The primary legal issue before the court was whether the Directorate correctly calculated the added value of Borrowdale House Pty Ltd's property, and consequently, if the CUC was correctly determined. The appellant argued that the Directorate had applied an incorrect formula and made an error in its calculations. The court had to determine if there was a legal error in the Directorate's assessment and whether the correct value was applied in calculating the CUC.

The court found that the Directorate had indeed made an error in its calculation of the added value, which led to an incorrect determination of the CUC. The court identified that the Directorate had applied a 50% multiplier to the added value instead of the correct formula, which required only a 30% multiplier. The court substituted the incorrect sentence with the correct calculation, as outlined in the orders. The court held that the Directorate's decision was flawed and varied the decision to reflect the correct calculation of the CUC.

The court's orders varied the decision of the Directorate by substituting the correct calculation of the CUC, which now correctly reflected the 30% multiplier applied to the added value of the property. The final orders mandated that the sentence in question be replaced with the corrected calculation, ensuring that the CUC payable by Borrowdale House Pty Ltd was accurately determined.