City of Port Phillip v Shout Rock Cafes Pty Ltd

In the matter of City of Port Phillip v Shout Rock Cafes Pty Ltd, the dispute centred on a building order for minor works issued by the City of Port Phillip to Shout Rock Cafes Pty Ltd, the owner of a residential building. The municipal building surveyor had determined that the building posed a danger to the life safety or health of the public due to the state of disrepair of the balcony, which was at risk of structural failure. Following an appeal to the Building Appeals Board, the owner sought judicial review of the Board's decision, which upheld the council's order with variations. The primary issue was the interpretation of section 113 of the Building Act 1993 and the extent to which the Board's decision was legally sound. The Trial Division found that the Board's decision was flawed due to errors in statutory interpretation, rendering the building order void. The court held that the phrase "building work, protection work or other work required by the regulations" should be read disjunctively, and that the order was beyond the Board's power as it pertained to the entry, use, or occupancy of the balcony. The city was granted leave to appeal but the appeal was ultimately dismissed. Additionally, a cross-appeal regarding costs was dismissed as no arguable error was established in the trial judge's exercise of discretion.