Sorrento Medical Service Pty Ltd v Department of Main Roads
[2006] QLAC 16
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- Unreported Judgment
- Appeal Determined - Special Leave Refused (HCA)
- Sorrento Medical Service Pty Ltd v Department of Main Roads[2006] QLAC 16Philippides J and Member Mr RP Scott and Member Mrs CAC MacDonald
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Sorrento Medical Service Pty Ltd v Department of Main Roads[2006] QLAC 16
Sorrento Medical Service Pty Ltd v Department of Main Roads[2006] QLAC 16
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Editorial Notes
- Published Case Name:
Sorrento Medical Service Pty Ltd v Department of Main Roads
- Shortened Case Name:
Sorrento Medical Service Pty Ltd v Department of Main Roads
- MNC:
[2006] QLAC 16
- Court:
QLAC
- Judge(s):
Philippides J, Member Mr RP Scott, Member Mrs CAC MacDonald
- Date:
31 Mar 2006
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2005] QLC 33 | 22 Jun 2005 | Claim for compensation under Acquisition of Land Act for resumption of land held on licence for car park; no estate or interest in the resumed land therefore Land Court has no jurisdiction to hear application: Trickett P of Land Court. |
| Primary Judgment | [2006] QLAC 16 (2006) 27 QLCR 51 | 31 Mar 2006 | Appeal from decision of the Land Court in [2005] QLC 33 that the Land Court has no jurisdiction to hear and determine a claim for compensation under the Acquisition of Land Act; the words "estate and interest" as used in s 12(5) of the Act should be interpreted to mean rights of a proprietary or quasi-proprietary nature: appeal dismissed: Philippides J, Members Scott and MacDonald. |
| Primary Judgment | [2006] QLAC 25 (2006) 27 QLCR 108 | 11 May 2006 | Costs following judgment in [2006] QLAC 16; appellant pay costs on standard basis: Philippides J, Members Scott and MacDonald. |
| QCA Interlocutory Judgment | CA3944/06 (No Citation) | 14 Nov 2006 | Leave to appeal granted pursuant to s 74(2) and 75 Land Court Act: McMurdo P, Holmes JA and Chesterman J. |
| Appeal Determined (QCA) | [2007] QCA 73 [2007] 2 Qd R 373; (2007) 151 LGERA 328 | 16 Mar 2007 | Appeal from [2006] QLAC 16; appeal allowed and remitted to Land Court for determination; application for compensation under Acquisition of Land Act; the appellant is entitled to claim compensation under the Act in respect of land resumed by the respondent over which the appellant had car parking rights for its medical centre because the appellant had a right or power over or in relation to the land taken by the respondent: McMurdo P, Holmes JA and Chesterman J (Holmes JA dissenting). |
| Special Leave Refused (HCA) | [2007] HCATrans 474 | 31 Aug 2007 | Special leave refused with costs; no error in law in holding that the words “interest of every person entitled to the whole or any part of the land” appearing in section 12(5) of the Acquisition of Land Act extended to an interest by way of contractual licence to park cars on the acquired land; Court does not consider that an appeal would enjoy reasonable prospects of success: Kirby, Hayne and Crennan JJ (Crennan J dissenting). |
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| Hornsby Council v Roads and Traffic Authority of New South Wales | (1997) 41 NSWLR 151 | 2 citations |
| Hounslow LBC v Twickenham Garden Developments Ltd | (1971) 1 Ch 233 | 1 citation |
| Hudsons and Sons Pty Ltd v Commissioner of Main Roads | (1982) 8 QLCR 150 | 1 citation |
| Lewis v Bell | (1985) 1 NSWLR 731 | 1 citation |
| Marshall v Director General Department of Transport | (2001) 205 CLR 603 | 1 citation |
| Minister for Education and Training v Tanner | (2003) 128 LGERA 281 | 1 citation |
| Mooliang Pty Ltd v Shoalhaven City Council | (2001) 114 LGERA 45 | 1 citation |
| Radaich v Smith | (1959) 101 CLR 209 | 1 citation |
| Rakus v Energy Australia | (2004) 138 LGERA 373 | 2 citations |
| Roads and Traffic Authority of News South Wales v Heawood | (1995) 88 LGERA 266 | 1 citation |
| Stow v Mineral Holdings Pty Ltd | (1977) 51 ALJR 672 | 2 citations |
| Sydney Harbour Foreshore Authority v Walker Corp Pty Ltd | (2005) 141 LGERA 243 | 1 citation |
| The Queen v Toohey; Ex parte Meneling Station Pty Ltd | (1982) 158 CLR 327 | 1 citation |
| Wood v Leadbitter | (1845) 153 ER 351 | 1 citation |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| Bailey Outdoor Advertising Pty Ltd v Brisbane City Council | [2006] QLC 38 | 1 citation |
| Sorrento Medical Service Pty Ltd v Chief Executive, Department of Main Roads | [2007] 2 Qd R 373; [2007] QCA 73 | 2 citations |