Singleton v Victorian Building Authority

In the matter of Singleton v Victorian Building Authority, the plaintiff sought judicial review of the defendant's decision not to take further disciplinary action against a building surveyor. The dispute arose after the surveyor certified defective domestic building work, which subsequently led to allegations against both the builder and the surveyor being referred to the Building Practitioners Board. The plaintiff argued that the authority had a duty to act upon the allegations and take disciplinary action against the surveyor.

The primary legal issue before the court was whether mandamus could be granted to compel the authority to take further action against the surveyor. The court needed to determine the extent of the authority's powers under the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) and the Building Act 1993 (Vic). Specifically, the court considered whether the authority's power to take disciplinary action against a building surveyor was discretionary, and whether the fact that the surveyor was already under investigation and disciplinary actions were pending appeal in the Victorian Civil and Administrative Tribunal precluded the court from issuing mandamus.

The court held that mandamus would not be granted as the authority's power to take disciplinary action against the surveyor was discretionary. The court noted that the authority had already referred the matter to the Building Practitioners Board and that disciplinary actions were pending appeal in the VCAT. The court found no proper basis to compel the authority to take further action, especially given the ongoing proceedings. The court concluded that there was no legal duty on the authority to take further action, and therefore, mandamus would not lie.

The court dismissed the plaintiff's application for judicial review, finding no grounds to compel the authority to take further disciplinary action against the building surveyor.