CES Queen (Vic) Pty Ltd v Colonial Range Pty Ltd (Orders)

CES Queen (Vic) Pty Ltd, a property developer, contested a decision of the Building Appeals Board (the Board) concerning a determination by a relevant building surveyor about protection works related to proposed demolition. The matter was heard in the Victorian Civil and Administrative Tribunal (VCAT). The Board's determination, which was uncertain and ambiguous, was the subject of CES Queen's challenge. The developer argued that the Board failed to properly exercise its statutory function by making a clear and certain decision.

The court had to determine whether the Board's determination constituted a jurisdictional error by virtue of its uncertainty. The key issue was whether an uncertain determination by the Board could be considered a ground for a finding of jurisdictional error. The court also needed to consider whether the uncertain determination should be invalidated and the appeal remitted to the Board for re-hearing and determination. The relevant statutory provisions of the Building Act 1993 were central to the court's analysis.

The VCAT found that the Board's determination was indeed uncertain, which amounted to a jurisdictional error. The tribunal concluded that the Board had failed to exercise its statutory function by making a clear and certain determination. As a result, the VCAT issued a declaration that the Board's determination was invalid. The appeal concerning the protection works was remitted to the Board for re-hearing and determination. The VCAT's decision was based on the principles of administrative law and the specific provisions of the Building Act 1993.

The final orders included a declaration that the Building Appeals Board's determination was invalid and the appeal was remitted to the Board for re-hearing and determination. The VCAT also ordered that the Board conduct the re-hearing in accordance with the relevant statutory provisions and principles of administrative law.