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Ogle v Pine Rivers SC[2008] QCA 232

Ogle v Pine Rivers SC[2008] QCA 232

CITATION: Ogle v Pine Rivers SC [2008] QCA 232
JUDGE(S): Keane JA, Muir JA, Mackenzie AJA
DELIVERED ON: 08 August 2008
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Editorial Notes

  • Published Case Name:

    Ogle v Pine Rivers SC & Ors

  • Shortened Case Name:

    Ogle v Pine Rivers SC

  • MNC:

    [2008] QCA 232

  • Court:

    QCA

  • Judge(s):

    Keane JA, Muir JA, Mackenzie AJA

  • Date:

    08 Aug 2008

  • White Star Case:

    Yes

Litigation History

EventCitation or FileDateNotes
Primary JudgmentPines Rivers Shire Council (no citation or file number)25 Mar 2003Mr Ogle applied for a development application in respect of land owned by him for a material change of use for a low density residential subdivision comprising 207 allotments; application refused by decision notice
Primary Judgment[2004] QPEC 7110 Nov 2004Tendiris applied for an order joining it as an appellant to Mr Ogle's appeal against Council's decision made on 25 March 2003; where relevant land now owned by Tendiris; ordered that Tendiris file separate notice of appeal: Robin QC DCJ
Primary Judgment[2004] QPEC 9113 Dec 2004Tendiris applied for extension of time to commence new appeal and directions for service; orders as per draft: Robin QC DCJ
Primary JudgmentP & E Appeal No 1313 of 200321 Aug 2007Mr Smits, the sole director of Tendiris, applied pursuant to r 69 of the UCPR to remove Mr Ogle from his appeal and substitute Tendiris as the appellant; application refused: Rackemann DCJ
Primary Judgment[2009] QPEC 6315 Jul 2009Council applied for orders consolidating two separate appeals against same decision; ordered that appeals of Mr Ogle and Tendiris be consolidated and stayed until appellants have common legal representation: Robin QC DCJ
Primary Judgment[2009] QPEC 8826 Aug 2009Mr Smits and Tendiris applied for an order varying the stay ordered in [2009] QPEC 63 to set the matter down for further mention; order as per draft: Robin QC DCJ
Primary Judgment[2010] QPEC 3109 Apr 2010Tendiris applied for a declaration that a proposed change to its development application was a "minor change" within the meaning of section 4.1.52(2)(b) of the Integrated Planning Act 1997; declaration that proposed changes were not a minor change: Newton DCJ
Appeal Determined (QCA)[2008] QCA 23208 Aug 2008Tendiris applied for leave to appeal against orders of Rackermann DCJ made on 21 August 2007; leave granted, appeal allowed and ordered that Mr Ogle be removed from his appeal and substituted with Mr Smits: Keane and Muir JJA and Mackenzie AJA
Appeal Determined (QCA)[2010] QCA 34910 Dec 2010Tendiris and Mr Smits applied for leave to appeal against [2010] QPEC 31; application refused with costs: Holmes, Fraser and Chesterman JJA
Special Leave Discontinued (HCA)[2009] HCATrans 9706 May 2009Tendiris and Mr Smits applied for an order that Mr Ogle and his solicitors, Cranston McEachern Solicitors, pay their costs thrown away by failing to file a notice of discountenance of Mr Ogle's application for special leave against [2008] QCA 232 following his sequestration; various orders as to costs made: Kiefel J

Appeal Status

Appeal Determined - Special Leave Discontinued (HCA)

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