Aria Property Group Pty Ltd v Maroochy Shire Council
[2008] QCA 169
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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
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QPEC 89
30 Oct 2007
Appeal 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 169
27 Jun 2008
Leave 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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