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  4. Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads - [2013] QLC 47

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Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads[2013] QLC 47

Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads[2013] QLC 47

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Editorial Notes

  • Published Case Name:

    Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads

  • Shortened Case Name:

    Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads

  • MNC:

    [2013] QLC 47

  • Court:

    QLC

  • Judge(s):

    Member Cochrane

  • Date:

    26 Jul 2013

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2011] QLC 1801 Apr 2011Substantive proceedings concern an application for compensation consequent upon the compulsory resumption of land. Interlocutory application to strike out applicant's statement of facts and contentions granted with leave to file a further statement of facts and contentions: WL Cochrane, Member
Primary Judgment[2013] QLC 4726 Jul 2013Compensation payable by the respondent to the applicant for the taking of certain land in the amount of $6,900,000: WL Cochrane, Member.
Primary Judgment[2014] QLAC 306 Jun 2014Appeal allowed. Cross-appeal dismissed: Peter Lyons J, CAC MacDonald President, WA Isdale Member.
Primary Judgment[2017] QLC 4524 Aug 2017Hearing of matter remitted by Court of Appeal. Compensation payable by the respondent to the applicant for the taking of certain land in the amount of $6,377,800: WL Cochrane, Member.
Primary Judgment[2018] QLAC 524 Sep 2018Appeal dismissed: Dalton J, FY Kingham, President, PG Stilgoe, Member.
Primary Judgment[2018] QLAC 524 Sep 2018Applicant to pay the Respondent's costs of the appeal. Applicant to pay the Respondent's costs of the original hearing and the remitted hearing in the Land Court (including reserved costs): Dalton J, FY Kingham President, PG Stilgoe Member.
Appeal Determined (QCA)[2015] QCA 9605 Jun 2015Application for leave to appeal granted in relation to ground 1. Allow the appeal in relation to ground 1. Orders made in the Land Appeal Court dismissing the cross-appeal set aside. Cross appeal allowed in relation to ground 1 of the cross-appeal only. Remitted to the Land Court for the determination of compensation: Fraser JA, Dalton J, Carmody J.
Appeal Determined (QCA)[2015] QCA 16811 Sep 2015Respondent to pay the appellant’s costs of and incidental to the application for leave to appeal and the appeal. The costs order made in the Land Appeal Court is set aside and instead each party bear its own costs of and incidental to the proceedings in the Land Appeal Court: Fraser JA, Dalton J, Carmody J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Albany v Commonwealth (1976) 2 ALR 2011 citation
Boland v Yates Property Corp Pty Ltd (1999) 74 ALJR 2091 citation
Boland v Yates Property Corp Pty Ltd (1999) 167 ALR 5752 citations
Brisbane City Council v Mio Art (2011) LGERA 3521 citation
Brisbane City Council v Mio Art Pty Ltd (2011) 83 LGERA 3521 citation
Brisbane City Council v Mio Art Pty Ltd (2011) 183 LGERA 3523 citations
Electricity Commission of NSW v Arrow (1994) 85 LGERA 4182 citations
Gosford Shire Council v Green (1980) 48 LGRA 2011 citation
Gregory v Federal Commissioner of Taxation (1971) 123 CLR 5472 citations
Kenny & Good Pty Ltd v MGICA (1999) 199 C.L.R. 4132 citations
Manufacturers Mutual Insurance Ltd v Gosford City Council (1981) 27 The Valuer 2141 citation
Melwood Units Pty Ltd v The Commissioner of Main Roads (1979) AC 4263 citations
Parkes Developments Pty Ltd v Burwood Municipal Council (1969) 17 LGRA 2571 citation
Realty Corp Ltd v Commissioner for Main Roads (1940) 14 LGR 2041 citation
Roads and Traffic Authority (NSW) v Muir Properties Pty Ltd [2005] NSWCA 4601 citation
RTA v Mosca (2006) 146 LGERA 3352 citations
Spencer v The Commonwealth (1907) 5 CLR 4185 citations
Succession Duties (SA) v Executor Trustee and Agency Co. of South Australia Ltd (1947) 74 CLR 3584 citations
Tooheys Limited v Housing Commission of New South Wales (1952) 20 LGR NSW 2362 citations
Townsville City Council v Department of Main Roads (2003) 24 QLCR 2412 citations
Townsville City Council v Department of Main Roads [2003] 24 QLCR 2421 citation
Turner v Minister of Public Instruction (1956) 95 CLR 2453 citations
Willoughby Municipal Council v Valuer-General (1934) 12 LGR NSW 411 citation
Woollams v The Minister (1957) 2 LGRA 3381 citation
Yalgan Investments Pty Ltd v Albert Shire Council (1997) 17 QLCR 3313 citations

Cases Citing

Case NameFull CitationFrequency
Chief Executive, Department of Transport and Main Roads v Cidneo Pty Ltd [2015] QCA 967 citations
Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads (No 2) [2018] QLAC 51 citation
Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads (No 3) [2017] QLC 453 citations
Inglis v State of Queensland (No. 2) [2014] QLC 71 citation
1

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