Menon v Department of Natural Resources, Mines and Energy

Menon sought judicial review of a decision by the Department of Natural Resources, Mines and Energy to determine the unimproved value of his property. The dispute centred on the valuation of Lot 4 on Registered Plan 89614 and the factors considered in the assessment, particularly the impact of a Vegetation Protection Order on the property. The case was heard in the Supreme Court of Victoria.

The court was required to decide whether the Chief Executive of the Department correctly assessed the unimproved value of the property, taking into account all relevant factors, including the impact of the Vegetation Protection Order. Menon argued that the Chief Executive did not adequately consider the impact of the order on the adjoining property, which affected the property's value. The Department contended that the Chief Executive's assessment was appropriate and that the impact of the order was appropriately considered.

The court found that the Chief Executive had appropriately considered the impact of the Vegetation Protection Order on the property's value and had conducted an appropriate investigation into the matter. The court held that the Chief Executive's assessment was reasonable and that Menon had not demonstrated that the Chief Executive had erred in law or failed to consider relevant factors. The court dismissed the appeal and affirmed the Chief Executive's determination of the unimproved value of the property.

The court's final order was that the appeal be dismissed and that the unimproved value of Lot 4 on RP 89614 as determined by the Chief Executive in the sum of One Hundred and Twenty Thousand Dollars ($120,000) be affirmed.