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Lockyer Valley Regional Council v Westlink Pty Ltd[2012] QCA 370

Reported at [2013] 2 Qd R 302

Lockyer Valley Regional Council v Westlink Pty Ltd[2012] QCA 370

Reported at [2013] 2 Qd R 302
CITATION: Lockyer Valley Regional Council v Westlink Pty Ltd [2012] QCA 370
JUDGE(S): Holmes JA, White JA, Atkinson J
DELIVERED ON: 21 December 2012
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Editorial Notes

  • Published Case Name:

    Lockyer Valley Regional Council v Westlink Pty Ltd as Trustee for Westlink Industrial Trust & Ors; Keep Lockyer Rural Inc v Westlink Pty Ltd as Trustee for Westlink Industrial Trust & Ors

  • Shortened Case Name:

    Lockyer Valley Regional Council v Westlink Pty Ltd

  • Reported Citation:

    [2013] 2 Qd R 302

  • MNC:

    [2012] QCA 370

  • Court:

    QCA

  • Judge(s):

    Holmes JA, White JA, Atkinson J

  • Date:

    21 Dec 2012

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentLockyer Valley Regional Council (no citation or file number)11 Aug 2010Council refused Westlink's application for a development permit for a material change of use in relation to electricity generation infrastructure
Primary Judgment[2011] QPEC 9609 Jun 2011Westlink appealed against Council's decision made on 11 August 2010; appeal allowed, development application approved subject to resolution of issue of suitable conditions: Searles DCJ
Primary Judgment[2012] QPEC 31 [2012] QPELR 553; (2012) LGERA 2527 Apr 2012Rehearing of Westlink's appeal pursuant to orders made in [2011] QCA 358; appeal allowed, development application approved subject to resolution of suitable conditions and appeal adjourned to finalise those matters: Searles DCJ
Primary Judgment[2013] QPEC 1824 Apr 2013Council's visual amenity expert applied to be excused from further participation in the proceeding due to a conflict of interest; application granted: Robin QC DCJ
Primary Judgment[2013] QPEC 35 (2014) 198 LGERA 131 Jul 2013Rehearing of Westlink's appeal pursuant to orders made in [2012] QCA 370; appeal allowed with appropriate conditions to govern the development approval to be finalised: Robin QC DCJ
Appeal Determined (QCA)[2011] QCA 358 (2012) QPELR 354; (2011) 185 LGERA 6309 Dec 2011Council applied for leave to appeal against [2011] QPEC 96 under s 498 of the Sustainable Planning Act 2009 (Qld); leave granted, appeal allowed, orders below set aside and appeal remitted to Planning and Environment Court for determination according to law: Fraser and White JJA and Douglas J
Appeal Determined (QCA)[2012] QCA 203 Feb 2012Westlink applied for indemnity certificate under s 15 of the Appeal Costs Fund Act 1973 (Qld) in relation to costs of [2011] QCA 358; appeal certificate granted: Fraser and White JJA and Douglas J
Appeal Determined (QCA)[2012] QCA 370 [2013] 2 Qd R 302; (2013) QPELR 188; (2012) 191 LGERA 45221 Dec 2012Council applied for leave to appeal against [2012] QPEC 31 under s 498 of the Sustainable Planning Act 2009 (Qld); leave granted, appeal allowed, orders below set aside and appeal remitted to Planning and Environment Court for determination by a judge other than the primary judge: Holmes and White JJA and Atkinson J

Appeal Status

Appeal Determined (QCA)

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