Michael Teys presents his initial thoughts on today's Supreme Court of Victoria decision, Salter v Building Appeals Board & Ors [2013]

1. TEYS Lawyers Pty Ltd Michael Teys
Strata Law Specialists CEO & Principal Solicitor
ABN 11 127 707 671 E: michael@teyslawyers.com.au
Suite 73 Lower Deck, Jones Bay Wharf T: 02 9562 6500
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SOME EARLY THOUGHTS ON THE WATERGATE APPEAL (SALTER V BUILDING
APPEALS BOARD & ORS [2013] VSC 279)
30 May 2013
1. This was a judicial review of the decision of the Building Appeals Board (VIC) of 22
March 2013 that held Class 2 residential buildings could not be used for short-term use
in the style of a serviced apartment or hotel.
2. The Supreme Court of Victoria today delivered a judgment quashing the decision of the
Building Appeals Board, and has sent the matter back to the Board to be re-determined.
The Board is to be differently constituted.
3. The Supreme Court judgment was critical of the approach taken by the Board in
determining the meaning of a ‘dwelling’, and by importing notions of duration of a stay in
interpretingthat word.
4. The judge also found that the Board was wrong when it concluded that there had been a
‘change in use’.
5. The Board will now have to decide the matter again. It does not necessarily follow that
the Board must now determine the matter in favour of the serviced apartment operator. It
may decide on different grounds and according to new evidence that the serviced
apartment operation is unlawful.
6. It remains open for other serviced apartment operations to be shut down by notices
given under different sections of the Building Act and Regulations.
7. The City of Melbourne is considering an appeal of today’s decision.
8. The owners corporation which we represented in the hearing before the Board was not a
party to this appeal.
Michael Teys
CEO & Principal Solicitor
TEYS Lawyers