Mallard v. Homes Victoria

Lower Court Judgment

19/12/2025 Supreme Court of Victoria (Court of Appeal) (Niall CJ; Kennedy JA; J Forrest AJA)
[2025] VSCA 339

Catchwords

Administrative law – procedural fairness – statutory construction – where decision was made under the Housing Act 1983 (Vic) s15(1)(a) to demolish social housing – whether residents of social housing have 'rights or interests' to be afforded procedural fairness before decision to demolish – where Court of Appeal concluded that decision to demolish was not subject to an obligation to give procedural fairness – whether Court of Appeal erred in qualifying the 'interest' to refer to proprietary and financial interest only – whether interest in maintaining community is a legally recognised 'interest'