Breese Pitt Dixon Pty Ltd v Wyndham City Council

Breese Pitt Dixon Pty Ltd sought an appeal against Wyndham City Council, following a decision by the Victorian Civil and Administrative Tribunal. The Tribunal had modified the Council's development plan, imposing a requirement for a buffer zone in the area of the development. The appellant contested the decision, arguing that the Tribunal had failed to afford natural justice during the process.

The court was required to determine whether the Tribunal's decision to impose a buffer zone requirement was lawful and if natural justice was properly observed in the process. The appellant contended that the Tribunal's decision was unreasonable and that the Council was not given adequate opportunity to respond to the proposed buffer zone.

The court found that the Tribunal had indeed imposed the buffer zone requirement, which was not in accordance with natural justice. The appellant had not been given a reasonable opportunity to respond to the proposed buffer zone, as the Tribunal had not provided adequate notice or opportunity to present evidence or arguments against the requirement. The court held that the Tribunal's decision was therefore flawed and quashed the decision, sending the matter back for reconsideration. The court did not make any final orders but directed that the matter be reconsidered in accordance with the principles of natural justice.