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McDonald v Douglas Shire Council[2002] QCA 387

McDonald v Douglas Shire Council[2002] QCA 387

CITATION: McDonald v Douglas Shire Council [2002] QCA 387
JUDGE(S): Williams JA, Jerrard JA, Atkinson J
DELIVERED ON: 27 September 2002
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Editorial Notes

  • Published Case Name:

    McDonald v Douglas SC

  • Shortened Case Name:

    McDonald v Douglas Shire Council

  • MNC:

    [2002] QCA 387

  • Court:

    QCA

  • Judge(s):

    Williams JA, Jerrard JA, Atkinson J

  • Date:

    27 Sep 2002

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2002] QPEC 19 [2002] QPELR 46123 Apr 2002Applicant applied for declarations under s.4.1.21(1)(c) Integrated Planning Act 1997 that planning consent for recreational resort and convention centre granted 30 November 1990 remained current; whether use had ceased within meaning of s.4.13(18) Local Government (Planning & Environment) Act 1990; declaration refused: McLauchlan QC DCJ
QCA Interlocutory Judgment[2002] QCA 38727 Sep 2002Applicant applied for leave to appeal against [2002] QPEC 19; Council applied to cross-appeal if applicant received leave; leave to appeal and leave to cross-appeal granted and costs reserved: Williams and Jerrard JJA (Atkinson J dissenting)
Appeal Determined (QCA)[2003] QCA 203 [2004] 1 Qd R 131; (2003) 126 LGERA 96; [2003] QPELR 58623 May 2003Determining appeals against [2002] QPEC 19; held that consent lapsed once resort not fulfilled within four years; appeal dismissed with parties to file further submissions on costs of appeal: de Jersey CJ, Williams JA and Wilson J
Appeal Determined (QCA)[2003] QCA 23506 Jun 2003Deciding question of costs of [2003] QCA 203; applicant ordered to pay respondent's costs of appeal including application for leave to appeal and to cross-appeal: de Jersey CJ, Williams JA and Wilson J

Appeal Status

Appeal Determined (QCA)

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