Snowy Hydro Limited v Metroll Victoria Pty Ltd & Ors

Snowy Hydro Limited sought leave to appeal against an interim enforcement order made by the Victorian Civil and Administrative Tribunal (VCAT) in relation to a dispute involving Metroll Victoria Pty Ltd and others. The dispute centred around alleged breaches of a permit condition by Metroll, which Snowy Hydro claimed led to serious environmental damage. The application for leave to appeal was made pursuant to section 148 of the Victorian Civil and Administrative Tribunal Act 1998. The primary issue before the court was whether the Tribunal had erred in granting an interim enforcement order without requiring an undertaking as to damages, and whether there were any arguable questions of law that warranted leave to appeal. Additionally, the court had to determine whether the circumstances of the case could be considered extraordinary to justify the order.

The court examined the principles that VCAT should apply in such cases, particularly the requirement for extraordinary circumstances to be present. It concluded that extraordinary circumstances were ordinarily necessary to grant an interim enforcement order without an undertaking as to damages. However, the clear evidence of a prima facie continuous breach of the permit, coupled with the serious environmental damage, was deemed sufficient to constitute extraordinary circumstances. The court found that there was no arguable question of law disclosed in the Tribunal’s decision. The limited order for partial closure was made in the Tribunal’s discretion, aiming to balance the interests of both parties. The court ultimately dismissed the application for leave to appeal, affirming the Tribunal’s decision.