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The applicants were the former lessees of land that was compulsorily acquired under the Acquisition of Land Act 1967. The preliminary point was whether, at the date of resumption, the applicant had an estate or interest in the resumed land pursuant to the Acquisition of Land Act 1967? Answered - yes: Member WA Isdale
Primary Judgment
[2013] QLAC 5
25 Oct 2013
Appeal allowed. Mekpine did not have any “interest” in land for the purposes of s 12(5) of the Acquisition of Land Act 1967 either by virtue of its lease or the operation of the Retail Shop Leases Act 1994: Peter Lyons J, CAC MacDonald; PA Smith.
Primary Judgment
[2014] QLAC 5
24 Jul 2014
The respondents (Mekpine and Zacsam) were ordered to pay the appellants costs: Peter Lyons J, CAC MacDonald; PA Smith.
QCA Original Jurisdiction
[2016] QCA 85
05 Apr 2016
On application under s 15(1)(b) Appeal Costs Fund Act 1973 (Qld) Mekpine Pty Ltd was granted an indemnity certificate: Holmes CJ and Margaret McMurdo P and Morrison JA.
Appeal Determined (QCA)
[2014] QCA 317
02 Dec 2014
Mekpine Pty Ltd applied for leave to appeal under Div 5 Pt 4 Land Court Act 2000 (Qld). 1. Leave to appeal granted. 2. Appeal allowed with costs. 3. The decision of the Land Appeal Court is set aside. Ordered that the appeal is dismissed and the matter remitted to the Land Court: Margaret McMurdo P, Holmes and Morrison JJA.
Application for Special Leave (HCA)
File Number: B55/14
24 Dec 2014
-
Special Leave Granted (HCA)
[2015] HCATrans 270
16 Oct 2015
Kiefel and Keane JJ.
HCA Transcript
[2015] HCATrans 323
08 Dec 2015
French CJ, Kiefel, Bell, Gageler and Nettle JJ.
HCA Judgment
[2016] HCA 7; (2016) 256 CLR 437
10 Mar 2016
Appeal allowed. Orders 2 and 3 of the Court of Appeal made on 2 December 2014 were set aside. In lieu, it was ordered that the appeal to the Court of Appeal was dismissed with costs (decision of the QLAC reinstated). Mekpine ordered to pay the Council's costs in the High Court: French CJ, Kiefel, Bell, Gageler and Nettle JJ.
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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