Norville Nominees Pty Ltd v Strathbogie Shire Council

Norville Nominees Pty Ltd sought a planning permit from Strathbogie Shire Council to quarry a site, which the council refused. The refusal was appealed to the Victorian Civil and Administrative Tribunal (Tribunal) which upheld the council's decision. Norville appealed the Tribunal's decision to the Supreme Court of Victoria, arguing the Tribunal had failed to provide a fair opportunity to respond to critical issues observed during a site inspection, which ultimately affected the Tribunal's conclusions. The central issue before the court was whether the Tribunal's failure to raise these issues and provide the parties with an opportunity to respond constituted a failure of natural justice that vitiated the Tribunal's decision.

The court considered whether the Tribunal's actions amounted to a breach of procedural fairness. It was noted that the Tribunal, as an expert body, had broad powers but also the obligation to ensure procedural fairness. The court assessed whether the Tribunal's decision-making process allowed the parties to address all determinative issues. The court found that the Tribunal did not adequately raise the issues observed during the site inspection, nor did it give the parties an opportunity to respond to those observations before making its decision. This failure meant that Norville was not afforded a fair opportunity to address the critical issues, thus breaching natural justice.

The Supreme Court concluded that the Tribunal's failure to raise the site inspection issues and provide a fair opportunity for the parties to respond constituted a significant procedural irregularity. This irregularity undermined the fairness of the Tribunal's decision-making process and therefore the decision was vitiated. The court found that the Tribunal's decision should be quashed, and the matter should be remitted back to the Tribunal for reconsideration in accordance with the principles of natural justice. The court did not make any further orders at this stage, leaving it to the Tribunal to address the issues appropriately on rehearing.