Australand Land and Housing No 5 (Hope Island) Pty Ltd v Gold Coast City Council; Fish Developments (Hope Island) Pty Ltd v Gold Coast City Council
[2007] QCA 189
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Australand Land and Housing No 5 (Hope Island) Pty Ltd v Gold Coast City Council; Fish Developments (Hope Island) Pty Ltd v Gold Coast City Council - [2007] QCA 189
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Australand Land and Housing No 5 (Hope Island) Pty Ltd v Gold Coast City Council; Fish Developments (Hope Island) Pty Ltd v Gold Coast City Council[2007] QCA 189
Australand Land and Housing No 5 (Hope Island) Pty Ltd v Gold Coast City Council; Fish Developments (Hope Island) Pty Ltd v Gold Coast City Council[2007] QCA 189
Australand Land and Housing No 5 (Hope Island) Pty Ltd v Gold Coast City Council; Fish Developments (Hope Island) Pty Ltd v Gold Coast City Council [2007] QCA 189
JUDGE(S):
de Jersey CJ, McMurdo P, Jerrard JA
DELIVERED ON:
08 June 2007
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Editorial Notes
Published Case Name:
Australand Land and Housing No 5 (Hope Island) Pty Ltd & Ors v Gold Coast City Council; Fish Developments (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; Fish Developments (Hope Island) Pty Ltd v Gold Coast City Council
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)
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