Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd
[2003] QLAC 36
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CITE
Unreported Judgment
Appeal Determined (QCA)
Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd[2003] QLAC 36Justice Mullins and Mr JJ Trickett and Mr RP Scott
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Editorial Notes
Published Case Name:
Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd
Shortened Case Name:
Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd
MNC:
[2003] QLAC 36
Court:
QLAC
Judge(s):
Justice Mullins, Mr JJ Trickett, Mr RP Scott
Date:
27 May 2003
Litigation History
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).
Appeal Status
Appeal Determined (QCA)
Cases Cited
Case Name
Full Citation
Frequency
Maroochy Shire Council v Maroochydore Central Holdings Pty Ltd
