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Lewiac Pty Ltd v Gold Coast City Council[2002] QPEC 58

Lewiac Pty Ltd v Gold Coast City Council[2002] QPEC 58

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Editorial Notes

  • Published Case Name:

    Lewiac Pty Ltd and ING Real Estate Joondalup BV v Gold Coast City Council & Ors

  • Shortened Case Name:

    Lewiac Pty Ltd v Gold Coast City Council

  • MNC:

    [2002] QPEC 58

  • Court:

    QPEC

  • Judge(s):

    Newton DCJ

  • Date:

    07 Jun 2002

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2002] QPEC 5907 Jun 2002Fourth and seventh co-respondents and respondent each applied for further and better disclosure from appellants concerning Harbour Town Shopping Centre; whether requested documents directly relevant to matters in issue; applications allowed in part: Newton DCJ
Primary Judgment[2002] QPEC 58 [2003] 1 QPELR 15107 Jun 2002Fourth co-respondent applied for determination of jurisdictional validity of appellants' appeal against respondent council's deemed refusal of application for development permit; application dismissed and declared that appellant's development application validly made: Newton DCJ
Primary Judgment[2002] QPEC 80 [2003] QPELR 38520 Dec 2002Appellants appealed against deemed refusal by respondent council to approve development application for material change of use at Harbour Town Shopping Centre; whether sufficient planning need demonstrated for proposed development; appeal dismissed: Newton DCJ
Appeal Determined (QCA)[2003] QCA 14125 Mar 2003Appellants applied for leave to appeal against [2002] QPEC 80; where judge found proposed development would exceed level and role of centre within town planning hierarchy; whether judge made errors of law; application refused: de Jersey CJ, Williams JA and Atkinson J

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Director of Public Works v Ho Po Sang (1961) AC 9012 citations
Kentlee Pty Ltd v Prince Consort Pty Ltd[1998] 1 Qd R 162; [1996] QCA 872 citations
Pioneer Concrete (Qld) Pty Ltd v Brisbane City Council (1980) 145 C. L. R. 4851 citation
Robertson v City of Nunawading (1973) VR 8191 citation

Cases Citing

Case NameFull CitationFrequency
Darwen v Pacific Reef Fisheries (Australia) Pty Ltd [2009] QPEC 291 citation
1

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