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CITE
Unreported Judgment
Appeal Determined - Special Leave Refused (HCA)
Burns v State of Queensland[2004] QPEC 13White DCJ
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Editorial Notes
Published Case Name:
Burns v State of Queensland
Shortened Case Name:
Burns v State of Queensland
MNC:
[2004] QPEC 13
Judge(s):
White DCJ
Date:
18 Mar 2004
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2004] QPEC 13
18 Mar 2004
Reasons for judgment on application to extend time within which to appeal to P&E Court; extension granted; no prejudice to the State: White DCJ.
Primary Judgment
[2004] QPEC 48
02 Aug 2004
Substantive appeal in P&E Court; dismissal appeal against decision to refuse permit; Parliament is clearly empowered to authorize planning schemes which restrict what the owners of estates in fee simple may lawfully do with their land: White DCJ.
Primary Judgment
[2004] QSC 434
19 Nov 2004
Application in trial division challenging jurisdiction of P&E Court to make decision on appeal regarding rejection of approval of development permit; Parliament is clearly empowered to authorize planning schemes which restrict what the owners of estates in fee simple may lawfully do with their land: de Jersey CJ.
Appeal Discontinued (QCA)
File Number: CA7419/04
10 Mar 2005
Appeal against White DCJ decision on 2 August 2004 in P&E Court; dismissed by consent.
Appeal Determined (QCA)
[2006] QCA 235
23 Jun 2006
Application for extension of time to appeal [2004] QSC 434 dismissed; applicant applied for a permit to clear native vegetation but was refused because her land was described as a known habitat for the endangered mahogany glider, as well as a known general habitat for the endangered cassowary; no error in primary judge finding that it was necessary for Mrs Burns to secure a development permit to clear native vegetation on her freehold land: Jerrard JA, Cullinane and Jones JJ.
Appeal Determined (QCA)
[2007] QCA 240
27 Jul 2007
Application by successful respondent to the appeal State of Queensland [2006] QCA 235; sought non-party cost order against person assisting litigant in person; sufficient grounds exist to exercise discretion, but discretion not exercised: Jerrard JA, Cullinane and Jones JJ.
Special Leave Refused (HCA)
[2008] HCASL 68
28 Mar 2008
Application for special leave against decision of Court of Appeal dismissing application to extend time to appeal against de Jersey CJ decision; not raised any question of law that would justify the grant of special leave to appeal: Gummow and Kiefel JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
Cases Cited
No judgments cited by this judgment.
Cases Citing
Case Name
Full Citation
Frequency
The Parish of Saint Nicholas Russian Orthodox Cathedral v Brisbane City Council
