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Kettering Pty Ltd v Noosa Shire Council [2002] QCA 229
JUDGE(S):
McPherson JA, Davies JA, Ambrose J
DELIVERED ON:
28 June 2002
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Editorial Notes
Published Case Name:
Kettering P/L v Noosa Shire Council
Shortened Case Name:
Kettering Pty Ltd v Noosa Shire Council
MNC:
[2002] QCA 229
Court:
QCA
Judge(s):
McPherson JA, Davies JA, Ambrose J
Date:
28 Jun 2002
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2000] QPEC 71
01 Dec 2000
Declared that sections 3.5(4) and s.3.5(5) of the Local Government (Planning and Environment) Act 1990 do not preclude a claim for compensation for injurious affection to land: Skoien SJDC
QCA Interlocutory Judgment
[2001] QCA 106
20 Mar 2001
Time for filing notice of appeal extended to 21 March 2001; application otherwise dismissed: Williams JA, Byrne J, Dutney J
Appeal allowed, held that section 3.5(4)(d) of the Local Government (Planning and Environment) Act 1990 has the effect that no compensation is payable to the respondent for injurious affection by the coming into force of the development control plan: McPherson JA, Davies JA, Ambrose J
Appeal Determined (QCA)
[2002] QCA 229
28 Jun 2002
Application to amend order of 8 February 2002 Refused: McPherson JA, Davies JA, Ambrose J
Special Leave Granted (HCA)
[2003] HCATrans 840
25 Jun 2003
Special leave to appeal granted: Gleeson CJ, Callinan J
Appeal allowed, order of the Court of Appeal set aside and in lieu ordered that the appeal to that Court be dismissed: McHugh J, Gummow J, Hayne J, Callinan J, Heydon J
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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