Macedonian Orthodox Church Incorporated v ACT Planning and Land Authority

The Macedonian Orthodox Church Incorporated, the appellant, sought leave to appeal against the decision of the ACT Civil and Administrative Tribunal (ACAT) which determined that it was liable to pay a Change of Use Charge (CUC) of $2,058,750. The appellant argued that the CUC should not apply because it was required to undertake certain building works on the property (the Church works), which would have reduced the value of the property and therefore the CUC payable. The appellant argued that the development covenants in the lease required it to undertake the Church works and that the ACAT had misinterpreted the relevant Supreme Court authority. The respondent, the ACT Planning and Land Authority, submitted that the appellant was not required to undertake the Church works, that the ACAT was correct in its interpretation of the Supreme Court authority, and that the appeal should be dismissed. The Court held that the ACAT was correct to determine that the development covenants did not require the appellant to undertake the Church works and that the appellant's proposed grounds of appeal would fail. The Court refused leave to appeal and ordered that the appellant pay the respondent's costs.