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Aria Property Group Pty Ltd v Maroochy Shire Council[2008] QCA 169

Aria Property Group Pty Ltd v Maroochy Shire Council[2008] QCA 169

CITATION: Aria Property Group Pty Ltd v Maroochy Shire Council [2008] QCA 169
JUDGE(S): Muir JA, Fraser JA, White J
DELIVERED ON: 27 June 2008
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Editorial Notes

  • Published Case Name:

    Aria Property Group P/L v Maroochy Shire Council & Ors

  • Shortened Case Name:

    Aria Property Group Pty Ltd v Maroochy Shire Council

  • MNC:

    [2008] QCA 169

  • Court:

    QCA

  • Judge(s):

    Muir JA, Fraser JA, White J

  • Date:

    27 Jun 2008

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2007] QPEC 8930 Oct 2007Appeal from Council decision allowed; Council granting conditional approval for a material change of use; height of the building proposed results in conclusion to refuse planning approval: Griffin SC DCJ.
Appeal Determined (QCA)[2008] QCA 16927 Jun 2008Leave to appeal granted and appeal allowed setting aside P&E Court orders and dismissing appeal, allowing development application; Council granted grant conditional approval for a material change of use to multiple dwelling units on land; the primary judge's construction of the Scheme prevented him from properly assessing the merits of the proposal: Muir and Fraser JJA and White J.

Appeal Status

Appeal Determined (QCA)

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