Victorian Civil and Administrative Tribunal|2025-10-22

For the reasons above, I find it is fair to award costs in the proceeding in favour of Council.
If parties cannot agree as to the sum to be paid, the figure will be fixed by the Costs Court.
The presumption of a full fee reimbursement applies in this proceeding and is not displaced on the facts of this proceeding.
Since these fees are fixed, I have made a final order to this effect.

[1] The submissions of the parties and supporting materials provided and other filed materials have all been considered in my determination of this application. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[3] Adopting reasoning from Mornington Peninsula SC v Fox [2003] VCAT 1524.

[4] Merraton Pty Ltd v Maroondah CC [2008] VCAT 888 and Mornington Peninsula SC v Mattieson Pty Ltd [2011] VCAT 1169, respectively.

[5] Johnstone v Mansfield SC [2009] VCAT 287.

[6] At least at the date of the hearing.

[7] Including the proposed period of adjournment and the real capacity for detriment to neighbouring properties in the interim period.

[8] [1989] 3 AATR 313, and subsequently confirmed in cases including Brown v Mornington Peninsula SC [20040 VCAT 1140 and Hume v Sen [2019] VCAT 913.

Civil and Administrative Tribunal Act 1998

Environment Act 1987

Civil and Administrative Tribunal Rules 2018

Greater Dandenong CC v Down Town Entertainment Pty Ltd [2025] VCAT 929 (22 October 2025)

Greater Dandenong CC v Down Town Entertainment Pty Ltd [2025] VCAT 929

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Parties

Legislation Cited (3)

Cases Cited (1)

Greater Dandenong CC v Down Town Entertainment Pty Ltd [2025] VCAT 929 (22 October 2025)