Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd

[2003] QLAC 24

To print this judgment please return to the case and click on the PDF icon next to the case name. For court use, a full PDF copy is required or preferred.

Event	Citation or File	Date	Notes
Primary Judgment	[2002] QLC 76	25 Sep 2002	Application for a declaration pursuant to s.33 of the Land Court Act; it was only when the amount of compensation had been paid in full that the Governor-in-Council was precluded from acting under s 17 ALA; section 17 was applicable.
Primary Judgment	[2003] QLC 2	06 Feb 2003	Application for costs following [2002] QLC 76.
Primary Judgment	[2003] QLAC 24 (2003) 24 QLCR 77	09 Apr 2003	Appeal from the Land Court against a declaration; no error by the learned member in her construction of s 17(1) of the Act, and her conclusion that it could have application, when an advance against compensation had been made under s 23 but the full amount had not been determined or, if agreed, paid: Mullins J, JJ Trickett, RP Scott.
Primary Judgment	[2003] QLAC 36	27 May 2003	Costs of appeal following reasons in [2003] QLAC 24.
Primary Judgment	[2005] QLC 10	21 Feb 2005	Application for costs incurred.
Primary Judgment	[2007] QLAC 3 (2007) 28 QLCR 6	02 Feb 2007	Appeal dismissed from a decision of Land Court refusing to make a declaration concerning the jurisdiction of the Land Court under the Acquisition of Land Act; Anshun estoppel operates to prevent the appellant from raising for the first time before the Land Court and then subsequently before this Court an argument which, if accepted, would lead to an entirely different construction of s.17(1) to that decided by the Land Appeal Court on 9 April 2003: White J, Mr Trickett and Mr Jones.
Primary Judgment	[2007] QLAC 3 (2006) 27 QLCR 95	02 Feb 2007	Application for a declaration that the Land Court has no jurisdiction to hear and determine the applicant's claim for compensation under the Acquisition of Land Act; the effect of s 12(5) of the Act was to create and vest a right, absolute and unqualified, to claim compensation; rejected the argument that s 20 provided any support for a submission that it was a precondition to the exercise by the Land Court of the power to determine compensation that the land would be used for the purpose for wh
Appeal Determined (QCA)	[2007] QCA 326	05 Oct 2007	Application for leave to appeal Land Appeal Court decision dismissed with costs; proceedings arise from the resumption under ALA of land; Land Appeal Court was correct in holding that there is no reason in principle why Anshun estoppel might not arise, and that it did so: Jerrard JA, Cullinane and Wilson JJ (Jerrard JA dissenting in part in finding error in finding that the company had not agreed in writing to revesting of the land).

Case Name	Full Citation	Frequency
Maroochydore Central Holdings v Maroochy Shire Council	[2002] QLC 77	1 citation
York Air Conditioning and Refrigeration (A/sia) Pty Ltd v The Commonwealth	View on:JADE(1949) 80 CLR 11	1 citation
York Air-Conditioning and Refrigeration (A-SIA) Pty Ltd v The Commonwealth	View on:JADE(1949) CLR 11	1 citation

Case Name	Full Citation	Frequency
LGM Enterprises Pty Ltd v Brisbane City Council	[2009] QLC 83	1 citation
Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd	[2003] QLAC 36	1 citation
Maroochydore Central Holdings Pty Ltd (No.2) v Maroochy Shire Council	[2007] QLAC 3	3 citations
Maroochydore Central Holdings Pty Ltd v Maroochy Shire Council	[2007] QCA 326	5 citations
Maroochydore Central Holdings Pty Ltd v Maroochy Shire Council (No. 2)	[2006] QLC 18	1 citation
Old Coach Developments Pty Ltd v State of Queensland	[2008] QLC 105	1 citation
Spars Pty Ltd v Brisbane City Council	[2007] QLC 23	1 citation
Wallace v Anson Holdings Pty Ltd	[2009] QLC 63	1 citation

Exit Distraction Free Reading Mode

Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd[2003] QLAC 24

Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd[2003] QLAC 24

Editorial Notes

Litigation History

Appeal Status

Cases Cited List of Cases Cited by this judgment

Cases Citing List of cases on Queensland Judgments citing this Judgment