Victorian Civil and Administrative Tribunal|2014-05-23|Before: Gaudron J, Greg Garde J

For the reasons given, I answer the two questions set out in the order of the Tribunal of 17 April 2014:

(2) The application may properly be brought under s 34D(1)(a) of the Act.

[2] (1992) 174 CLR 178, 205 (citations omitted).

[3] [2006] HCA 38; (2006) 226 CLR 486, 492 [10] (Gleeson CJ, Gummow, Kirby, Hayne and Crennan JJ).

[5] [2012] VSC 492 [93] and [94].

[8] See also the authorities referred to by Gaudron J viz Hyman v Rose [1912] AC 623, 631 where Earl Loreburn LC said "[i]t is one thing to decide what is the true meaning of the language contained in an Act of Parliament. It is quite a different thing to place conditions upon a free discretion entrusted by statute to the Court where the conditions are not based on statutory enactment at all"; FAI General Insurance Co Ltd v Southern Cross Exploration NL [1988] HCA 13; (1988) 165 CLR 268, 290 (Gaudron J).

Corporations Act 2006

Civil and Administrative Tribunal Act 1998

Conroy v Owners Corporation Strata Plan 30438 (Owners Corporations) [2014] VCAT 550 (23 May 2014)

Conroy v Owners Corporation Strata Plan 30438

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Conroy v Owners Corporation Strata Plan 30438 (Owners Corporations) [2014] VCAT 550 (23 May 2014)