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Lamb v Brisbane City Council[2007] QCA 149

Reported at [2007] 2 Qd R 538

Lamb v Brisbane City Council[2007] QCA 149

Reported at [2007] 2 Qd R 538
CITATION: Lamb v Brisbane City Council [2007] QCA 149
JUDGE(S): Keane JA, Holmes JA, Wilson J
DELIVERED ON: 11 May 2007
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Editorial Notes

  • Published Case Name:

    Lamb v Brisbane CC & Anor

  • Shortened Case Name:

    Lamb v Brisbane City Council

  • Reported Citation:

    [2007] 2 Qd R 538

  • MNC:

    [2007] QCA 149

  • Court:

    QCA

  • Judge(s):

    Keane JA, Holmes JA, Wilson J

  • Date:

    11 May 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QPEC 12414 Dec 2006Application for a declaration that the Highgate Hill property listing in the Heritage Register pursuant to the Heritage Register Planning Scheme Policy is invalid; the Policy purported to "regulate development on, or the use of", the premises, and is accordingly invalid (s 2.1.23(4) IPA): Brabazon QC DCJ.
Appeal Determined (QCA)[2007] QCA 149 [2007] 2 Qd R 538; (2007) 152 LGERA 100; (2007) 1 PDQR 2911 May 2007Application for leave granted and appeal allowed; dismiss application to the P&E Court that the inclusion of the Highgate Hill property on the Heritage Register was invalid; the HRPS Policy did not purport to regulate development on, or the use of, premises (s 2.1.23(4) IPA): Keane and Holmes JJA and Wilson J.
Appeal Determined (QCA)[2008] QCA 10909 May 2008Application for indemnity certificate for [2007] QCA 149 refused; no proper explanation for delay in bringing the application and question of law the subject of the appeal was not one of particular difficulty: Keane and Holmes JJA and Wilson J (Wilson J dissenting).
Special Leave Refused (HCA)[2007] HCATrans 58904 Oct 2007Special leave refused; not convinced that the applicant would have reasonable prospects of demonstrating error in the processes of statutory construction which the Court of Appeal applied to the complex State legislation involved in this case: Kirby and Heydon JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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