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Australian Education City P/L v Victorian Planning Authority; State of Victoria (Department of Jobs, Precincts and Regions [DJPR]); Minister for Priority Precincts (State of Victoria) & Assistant Treasurer (State of Victoria) [2020] VSC 177

JUDICIAL REVIEW
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Daly AsJ
Parties: 

Australian Education City P/L v Victorian Planning Authority; State of Victoria (Department of Jobs, Precincts and Regions [DJPR]); Minister for Priority Precincts (State of Victoria) & Assistant Treasurer (State of Victoria)

Judgment Date: 
20 May 2020
Catchwords: 

JUDICIAL REVIEW - Application by the defendants for summary judgment pursuant to s 63 of the Civil Procedure Act 2010 (Vic) - Plaintiff challenged a decision of a Committee of Cabinet to terminate a tender process for the development of a new residential, educational and employment hub on State owned land - Whether the plaintiff's claim has any real prospects of success - Nature and subject matter of decision means that the decision is not justiciable - Minister for Arts, Heritage and Environment v Peko Wallsend Ltd (1987) 15 FCR 274 and Acquista Investments Pty Ltd v Urban Renewal Authority (2015) 123 SASR 147 referred to and applied, FAI Insurances Ltd v Winneke (1982) 151 CLR 342 distinguished - No other reason for keeping proceeding on foot - Application for discovery and the administration of interrogatories refused.

Citation: