Vu Ho v Greater Dandenong City Council
[2013] HCASL 198
VU HO
v
GREATER DANDENONG CITY COUNCIL
[2013] HCASL 198
M84/2013
The applicant brought a proceeding against the respondent in the Supreme Court of Victoria, seeking to have cl 26.1 of the Municipal Amenity Local Law 2011 (Vic) quashed. Clause 26.1 prohibits the keeping of livestock on land within the respondent's jurisdiction that has an area of half an acre or less. The applicant had been informed that he was at risk of prosecution for keeping a pet sheep in contravention of that clause.
On 30 April 2012, the Supreme Court (Macaulay J) dismissed the proceeding with costs. Macaulay J rejected the applicant's contentions that cl 26.1 was invalid under the Local Government Act 1989 (Vic) either because it was beyond the respondent's law-making power or was in direct conflict with provisions of the Greater Dandenong Planning Scheme.
On 27 June 2013, the Court of Appeal dismissed an appeal from that decision. Garde AJA, with whom Maxwell P and Tate JA agreed, held that cl 26.1 was directed at the preservation of amenity within the respondent's municipal district and fell within the respondent's general law-making power. There was also no inconsistency between cl 26.1 and the Greater Dandenong Planning Scheme: the two regulatory regimes were intended to operate cumulatively. Garde AJA declined to interfere with the costs order made by Macaulay J. No reason was advanced to justify the Court of Appeal interfering with the exercise of Macaulay J's discretion to make an order as to costs.
The application for special leave to appeal continues to advance grounds argued below. Nothing is raised which casts doubt on the correctness of the Court of Appeal's decision. The applicant's claim that the Court of Appeal denied him natural justice has insufficient prospects of success. Special leave is refused.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.
S.M. Kiefel
13 December 2013P.A. Keane
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