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CITE
Unreported Judgment
Appeal Determined (QCA)
BGM Projects Pty Ltd v Hervey Bay City Council[2006] QPEC 108Wilson DCJ
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Editorial Notes
Published Case Name:
BGM Projects Pty Ltd v Hervey Bay City Council
Shortened Case Name:
BGM Projects Pty Ltd v Hervey Bay City Council
MNC:
[2006] QPEC 108
Court:
QPEC
Judge(s):
Wilson DCJ
Date:
13 Oct 2006
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QPEC 108
13 Oct 2006
Appeal against decision of Council on imposition of certain condition to approval to subdivide land; determination as to application of new form of policy brought in after subdivision application made; s 3.5.6 IPA requires Council when assessing an application to ignore a policy which came into effect after the application was made and after the decision stage started: Wilson SC DCJ.
Application for leave granted and appeal allowed by setting aside decision of P&E Court and remitting the matter; section 4.1.52(2)(a) IPA grants the P&E Court with the discretion to give weight to policy that came into force after the application for reconfiguration was made; in the absence of any contrary provision, a court conducting a fresh hearing is required to decide appeals before it in accordance with the law at the date of its decision: McMurdo P, Fryberg and Philippides JJ.
Appeal Status
Appeal Determined (QCA)
Cases Cited
Case Name
Full Citation
Frequency
Aprilia Pty Ltd v Maroochy Shire Council
(1999) QPELR 396
2 citations
Behrens v Caboolture Shire Council
(1979) 39 LGRA 138
2 citations
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation
