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  4. Ogle v Pine Rivers Shire Council - [2004] QPEC 71

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Ogle v Pine Rivers Shire Council[2004] QPEC 71

Ogle v Pine Rivers Shire Council[2004] QPEC 71

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Editorial Notes

  • Published Case Name:

    Ogle v Pine Rivers Shire Council & Ors

  • Shortened Case Name:

    Ogle v Pine Rivers Shire Council

  • MNC:

    [2004] QPEC 71

  • Court:

    QPEC

  • Judge(s):

    Robin DCJ

  • Date:

    10 Nov 2004

Litigation History

EventCitation or FileDateNotes
Primary JudgmentPines Rivers Shire Council (no citation or file number)25 Mar 2003Mr Ogle applied for a development application in respect of land owned by him for a material change of use for a low density residential subdivision comprising 207 allotments; application refused by decision notice
Primary Judgment[2004] QPEC 7110 Nov 2004Tendiris applied for an order joining it as an appellant to Mr Ogle's appeal against Council's decision made on 25 March 2003; where relevant land now owned by Tendiris; ordered that Tendiris file separate notice of appeal: Robin QC DCJ
Primary Judgment[2004] QPEC 9113 Dec 2004Tendiris applied for extension of time to commence new appeal and directions for service; orders as per draft: Robin QC DCJ
Primary JudgmentP & E Appeal No 1313 of 200321 Aug 2007Mr Smits, the sole director of Tendiris, applied pursuant to r 69 of the UCPR to remove Mr Ogle from his appeal and substitute Tendiris as the appellant; application refused: Rackemann DCJ
Primary Judgment[2009] QPEC 6315 Jul 2009Council applied for orders consolidating two separate appeals against same decision; ordered that appeals of Mr Ogle and Tendiris be consolidated and stayed until appellants have common legal representation: Robin QC DCJ
Primary Judgment[2009] QPEC 8826 Aug 2009Mr Smits and Tendiris applied for an order varying the stay ordered in [2009] QPEC 63 to set the matter down for further mention; order as per draft: Robin QC DCJ
Primary Judgment[2010] QPEC 3109 Apr 2010Tendiris applied for a declaration that a proposed change to its development application was a "minor change" within the meaning of section 4.1.52(2)(b) of the Integrated Planning Act 1997; declaration that proposed changes were not a minor change: Newton DCJ
Appeal Determined (QCA)[2008] QCA 23208 Aug 2008Tendiris applied for leave to appeal against orders of Rackermann DCJ made on 21 August 2007; leave granted, appeal allowed and ordered that Mr Ogle be removed from his appeal and substituted with Mr Smits: Keane and Muir JJA and Mackenzie AJA
Appeal Determined (QCA)[2010] QCA 34910 Dec 2010Tendiris and Mr Smits applied for leave to appeal against [2010] QPEC 31; application refused with costs: Holmes, Fraser and Chesterman JJA
Special Leave Discontinued (HCA)[2009] HCATrans 9706 May 2009Tendiris and Mr Smits applied for an order that Mr Ogle and his solicitors, Cranston McEachern Solicitors, pay their costs thrown away by failing to file a notice of discountenance of Mr Ogle's application for special leave against [2008] QCA 232 following his sequestration; various orders as to costs made: Kiefel J

Appeal Status

Appeal Determined - Special Leave Discontinued (HCA)

Cases Cited

Case NameFull CitationFrequency
Architects Dewars and Associates Pty Ltd v Redlands Shire Council [1997] QPELR 1442 citations
Bower v Brisbane City Council [1990] QPLR 1273 citations
Condo Fisheries Pty Ltd v Gold Coast City Council [2000] QPELR 52 citations
Connolly v Brisbane City Council [2004] QPEC 694 citations
Coolibah Pty Ltd v Commissioner of Taxation [1981] Qd R 693 citations
Dorrstein v Brisbane City Council (1967) 14 LGRA 972 citations
FAI General Insurance Company Limited v Interchase Corporation Limited[2000] 2 Qd R 301; [1998] QCA 1801 citation
Goold & Porter Pty Ltd v Housing Commission (1974) VR 1021 citation
Grimley Pty Ltd v Gold Coast City Council & Anor [1994] QPLR 2522 citations
Gurtner v Circuit [1968] 2 QB 5871 citation
Hamill v Brisbane City Council [2004] QPEC 302 citations
Harmer v FCT (1989) 91 ALR 5501 citation
Lewis v Daily Telegraph (No 2) (1964) 2 QB 6011 citation
Macquarie Bank Limited v Fu-Shun Lin[2002] 2 Qd R 188; [2001] QSC 3411 citation
MAM Mortgages Ltd (in liq) v Cameron Bros [2002] QCA 330 1 citation
News ltd v Australian Rugby Football League Ltd [1996] 74 FCR 4101 citation
Pegang Mining Co Ltd v Choong Sam [1960] 2 MLJ 521 citation
Re Mathews (1905) 2 Ch 4601 citation
Riethmuller v Brisbane City Council [2004] QPEC 641 citation
Riethmuller v Brisbane City Council [2004] QPEC 633 citations
Ugarin Pty Ltd v Logan City Council [2004] QPEC 12 citations
Wyndrone Pty Ltd v Townsville City Council [1988] QPLR 552 citations

Cases Citing

Case NameFull CitationFrequency
Ice Skating Association of Queensland Inc v Brisbane City Council [2005] QPEC 661 citation
Jimbelung Pty Ltd v Beaudesert Shire Council [2005] QPEC 252 citations
Perkins v Kilkivan Shire Council [2006] QPEC 491 citation
Secured Lifestyle Pty Ltd v Burdekin Shire Council [2007] QPEC 791 citation
1

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