Australand Land and Housing No. 5 (Hope Island) Pty Ltd v Gold Coast City Council
[2006] QSC 332
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Australand Land and Housing No. 5 (Hope Island) Pty Ltd v Gold Coast City Council [2006] QSC 332
JUDGE(S):
Chesterman J
DELIVERED ON:
07 November 2006
Close
Editorial Notes
Published Case Name:
Australand Land and Housing No. 5 (Hope Island) Pty Ltd & Ors v Gold Coast City Council
Shortened Case Name:
Australand Land and Housing No. 5 (Hope Island) Pty Ltd v Gold Coast City Council
MNC:
[2006] QSC 332
Court:
QSC
Judge(s):
Chesterman J
Date:
07 Nov 2006
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QSC 332 (2006) 152 LGERA 232
07 Nov 2006
Application for Judicial Review against validity of Council special resolution to levy a special charge pursuant to s 971 of the Local Government Act; the opinion which that the charged lands are those which benefit from the works is unreasonable; no local authority, acting reasonably, could have thought that that was the land which enjoyed a special benefit from the works; application granted: Chesterman J.
Appeal against upholding JR application setting aside Council resolution to levy a special charge under s 971 of the Local Government Act on rateable land; the Council resolution failed to accord with the command in s 971(6) that the special rate be levied on all rateable land that could reasonably be identified as land on which the rate might be levied; appeal dismissed with costs: de Jersey CJ, McMurdo P and Jerrard JA.
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.