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Millmerran Shire Council v Smith[2003] QPEC 68

Millmerran Shire Council v Smith[2003] QPEC 68

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Editorial Notes

  • Published Case Name:

    Millmerran Shire Council v Smith

  • Shortened Case Name:

    Millmerran Shire Council v Smith

  • MNC:

    [2003] QPEC 68

  • Court:

    QPEC

  • Judge(s):

    Quirk DCJ

  • Date:

    22 Dec 2003

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2003] QPEC 6822 Dec 2003Applicant applied for declaration that respondent's use of land constituted unlawful occupation of temporary dwelling in absence of requisite permit; whether court had jurisdiction to determine application; declaration entered and respondent restrained from using land for temporary accommodation without permit: Quirk DCJ
Appeal Determined (QCA)[2004] QCA 5808 Mar 2004Respondent applied for leave to appeal against [2003] QPEC 68; whether relevant structure was "temporary"; leave granted, appeal allowed, orders of 22 December 2003 set aside and application to Planning and Environment Court dismissed: Davies and Jerrard JJA and PD McMurdo J

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
ACCC v Purple Harmony Plates Pty Limited [2001] FCA 10621 citation
Cameron v Peter D Beattie (in his capacity as Premier) [2001] QCA 3921 citation

Cases Citing

Case NameFull CitationFrequency
Fletch Pty Ltd v Gladstone Regional Council [2010] QPEC 631 citation
Millmerran Shire Council v Smith [2008] QPEC 733 citations
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