The applicant reviews the site value placed by council on the land comprising Lots 1, 2 & 3 on Plan of Subdivision No. 415064K which land consists of the St John Golf Course and Heritage Golf and Country Clubhouse (Lots 1 & 2) and Wetlands (Lot 3).
On the first day of the hearing, Mr Pizer advised that council had subrogated its representation in the case to the Valuer General.
On day three of the hearing, which had commenced on 17 November 2008, Mr Pizer for the Valuer General requested, pursuant to the Victorian Civil and Administrative Tribunal Act 1998 (the VCAT Act), s.108(1), that the Tribunal be reconstituted for the purposes of the proceeding so as to exclude Member Hancock, an expert Valuer, from making a decision in the matter. No objection was taken to the Presiding Member continuing in the proceeding.
The basis of Mr Pizer's application was the risk of perception by his client (the Valuer General) that, on the facts, Member Hancock held Mr Papworth, one of the valuer witnesses for the applicant, in high professional esteem, which may influence her decision.
Mr David O'Brien for the applicant neither contested nor supported Mr Pizer's application, although he was concerned that Member Hancock may over-compensate that perception and prefer the evidence of the valuer witness for the Valuer General.
Mr Pizer referred the Tribunal to a decision of Judge Ross on 18 July 2008 in Seachange Management PL v Bevnol Constructions & Developments PL and Ors (Domestic Building)[1] and a High Court decision in Ebner v Official Trustee in Bankruptcy & Ors[2]. Seachange in turn referred to Bradto's Case[3], a decision of Justice Morris in 2005.
A lengthy discussion ensued in the Hearing room between the Tribunal and all parties after which the Tribunal retired to consider the request.
On its return, the Tribunal decided to reconstitute itself for the purposes of this proceeding. This decision was taken with no findings of fact or law or merits.
After further lengthy discussion between the parties and reflection by the presiding Member, the reconstitution will exclude Members Jan Hancock, Vicki Brown, Gavin Burke and Brian Dudakov.
Even though the parties had no objection, pursuant to the VCAT Act, s.86, to Member Vicki Brown (who had presided over the Compulsory Conference) hearing the case, Member Komesaroff has decided to also exclude her.
The reconstitution was made at the request of the Valuer General and is acceded to by the Tribunal to avoid any risk of perception by the Valuer General, and without any aspersions cast upon the highest professional standards of Member Hancock which is specifically acknowledged by the Tribunal.