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CITE
Unreported Judgment
Appeal Determined (QCA)
Tolocorp Pty Ltd v Noosa Shire Council[2006] QPEC 33Wilson DCJ
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Editorial Notes
Published Case Name:
Tolocorp Pty Ltd v Noosa Shire Council & State of Queensland
Shortened Case Name:
Tolocorp Pty Ltd v Noosa Shire Council
MNC:
[2006] QPEC 33
Court:
QPEC
Judge(s):
Wilson DCJ
Date:
26 Apr 2006
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2006] QPEC 33
26 Apr 2006
Application to P&E Court against decision of Council that development application under the IPA was prohibited under the Regional Plan and therefore refusing to assess it; Tolocorp's development application to the Council was for subdivision for rural and residential purposes on land zoned for rural residential purposes under s 5(3)(d)(i) of the regional plan; the development application was "properly made" for the purposes of s 3.2.1(7)(f) IPA: A Wilson J.
Primary Judgment
[2006] QPEC 84
08 Aug 2006
Declaratory relief against the Council compelling it to continue to assess development application pending determination of appeal to the Court of Appeal: A Wilson J.
Appeal Determined (QCA)
[2007] QCA 33 (2007) 150 LGERA 303
09 Feb 2007
Application for leave to appeal from P&E Court pursuant to IPA dismissed with costs; whether an application to develop land was a properly made application under s 3.2.1(7)(f) IPA; unpersuaded that it was correct in this case for the Assessment Manager to refuse to treat the application as a properly made application at the outset: McMurdo P, Mackenzie and Fryberg JJ (Fryberg J dissenting finding Tolocorp's land was not zoned for purposes that are predominantly residential purposes).
Appeal Status
Appeal Determined (QCA)
Cases Cited
Case Name
Full Citation
Frequency
Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation
(1981) 147 CLR 297
3 citations
Oakden Investments Pty Ltd v Pine Rivers Shire Council
