Astway Pty Ltd v Council of the City of the Gold Coast
[2007] QSC 224
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.
Astway Pty Ltd v Council of the City of the Gold Coast [2007] QSC 224
JUDGE(S):
Wilson J
DELIVERED ON:
29 August 2007
Close
Editorial Notes
Published Case Name:
Astway P/L v Council of the City of the Gold Coast
Shortened Case Name:
Astway Pty Ltd v Council of the City of the Gold Coast
MNC:
[2007] QSC 224
Court:
QSC
Judge(s):
Wilson J
Date:
29 Aug 2007
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QSC 205
08 Aug 2007
Application for declarations that Council no longer required land acquired under Acquisition of Land Act, and for offer to sell be provided; lot 241 has never been required for immediate use for rubbish depot purposes; however, always been a role for it in the defendant’s long term planning of its waste disposal needs, even though the precise character of that role has changed and evolved over time; application dismissed: Wilson J.
Primary Judgment
[2007] QSC 224
29 Aug 2007
Costs judgment following [2007] QSC 205; plaintiff pay the defendant’s costs of and incidental to the proceeding on the standard basis: Wilson J.
Appeal Determined (QCA)
[2008] QCA 73 (2008) 159 LGERA 335
04 Apr 2008
Appeal against [2007] QSC 205 dismissed with costs; correct to find that Council had still, at all relevant times, required the land for the purpose for which it was acquired; correct in concluding that the meaning of “requires” in s 41 Acquisition of Land Act is “needs”: Holmes JA, Mackenzie AJA and Atkinson J.
Special Leave Refused (HCA)
[2008] HCASL 547
17 Oct 2008
Special leave refused with costs: Gummow and Kiefel JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
Please select (using the checkboxes) which search results you would like to add to a list.
