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CITE
Unreported Judgment
Appeal Determined - Special Leave Refused (HCA)
Caloundra City Council v Netstar Pty Ltd[2005] QPEC 87Robin DCJ
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Editorial Notes
Published Case Name:
Caloundra City Council v Netstar Pty Ltd
Shortened Case Name:
Caloundra City Council v Netstar Pty Ltd
MNC:
[2005] QPEC 87
Court:
QPEC
Judge(s):
Robin DCJ
Date:
14 Sep 2005
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2005] QPEC 87
14 Sep 2005
Application for consolidation of proceedings; order per separate initialed drafts: Robin QC DCJ.
Primary Judgment
[2007] QPEC 9
23 Feb 2007
Application in effect for summary judgment on the basis Council’s application did not disclose any ground for the relief sought) or as the determination of separate questions of law; whether an Order-in-Council published in 1984, and permitting the development of townhouses on land continued to be in force; the rights granted under the 1984 OIC have been extinguished by subsequent planning legislation, and Council is entitled to declaratory relief to that effect: A Wilson SC DCJ.
Appeal Determined (QCA)
[2007] QCA 329 [2008] 1 Qd R 258; [2008] QPELR 93
05 Oct 2007
Grant leave to appeal and dismiss appeal with costs against [2007] QPEC 9; whether an Order-in-Council published in 1984, and permitting the development of townhouses on land continued to be in force; the Order in Council the subject of the appeal was repealed, at the latest, by the coming into effect of the Integrated Planning Act: Jerrard and Holmes JJA and Cullinane J.
Special Leave Refused (HCA)
[2008] HCATrans 74
08 Feb 2008
Special leave refused with costs against [2007] QCA 329; not convinced that error has been shown in the approach of the Court of Appeal of Queensland or that the interests of justice require this Court’s intervention: Kirby, Hayne and Kiefel JJ.
