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Caloundra City Council v Netstar Pty Ltd[2007] QCA 329

Reported at [2008] 1 Qd R 258

Caloundra City Council v Netstar Pty Ltd[2007] QCA 329

Reported at [2008] 1 Qd R 258
CITATION: Caloundra City Council v Netstar Pty Ltd [2007] QCA 329
JUDGE(S): Jerrard JA, Holmes JA, Cullinane J
DELIVERED ON: 05 October 2007
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Editorial Notes

  • Published Case Name:

    Caloundra City Council v Netstar P/L

  • Shortened Case Name:

    Caloundra City Council v Netstar Pty Ltd

  • Reported Citation:

    [2008] 1 Qd R 258

  • MNC:

    [2007] QCA 329

  • Court:

    QCA

  • Judge(s):

    Jerrard JA, Holmes JA, Cullinane J

  • Date:

    05 Oct 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2005] QPEC 8714 Sep 2005Application for consolidation of proceedings; order per separate initialed drafts: Robin QC DCJ.
Primary Judgment[2007] QPEC 923 Feb 2007Application in effect for summary judgment on the basis Council’s application did not disclose any ground for the relief sought) or as the determination of separate questions of law; whether an Order-in-Council published in 1984, and permitting the development of townhouses on land continued to be in force; the rights granted under the 1984 OIC have been extinguished by subsequent planning legislation, and Council is entitled to declaratory relief to that effect: A Wilson SC DCJ.
Appeal Determined (QCA)[2007] QCA 329 [2008] 1 Qd R 258; [2008] QPELR 9305 Oct 2007Grant leave to appeal and dismiss appeal with costs against [2007] QPEC 9; whether an Order-in-Council published in 1984, and permitting the development of townhouses on land continued to be in force; the Order in Council the subject of the appeal was repealed, at the latest, by the coming into effect of the Integrated Planning Act: Jerrard and Holmes JJA and Cullinane J.
Special Leave Refused (HCA)[2008] HCATrans 7408 Feb 2008Special leave refused with costs against [2007] QCA 329; not convinced that error has been shown in the approach of the Court of Appeal of Queensland or that the interests of justice require this Court’s intervention: Kirby, Hayne and Kiefel JJ.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

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