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[2005] VCAT 1382
Victorian Civil and Administrative Tribunal
2005-07-08
Stuart Morris J
Original judgment source is linked above.
(given orally at the hearing and subsequently revised)
1 In each of these applications the applicant seeks declarations as to the meaning of a covenant affecting his land. He has made the applications pursuant to section 149A(1)(a) of the Planning and Environment Act on the basis that they relate to a matter of the interpretation of a permit affecting his land. However on close analysis this is not so. It is true that in a previous tribunal proceeding the member found that a particular person was not a beneficiary of the covenant but such a finding in a decision is not the same thing as "a permit" in the context of section 149A.
2 The appropriate venue for these matters is in the Supreme Court of Victoria and may be ventilated in conjunction with an application to modify a covenant under section 84 of the Property Law Act. I want to make it clear that in striking out the application I am not to be taken as making any decision in relation to the substance of the matters the subject of the proceedings. Rather, the decision to strike out the matters is simply one of a procedural kind by reason of the fact that this tribunal is not the appropriate venue for the making of such applications.
3 I also observe that no material has been put before me which would mean that I am dissatisfied with the notice that has been given of the applications but as matters have transpired, it is unnecessary to deal with that.
Hill
Campaspe SC [2005] VCAT 1382