Australian Capital Holdings Pty Ltd v Mackay City Council
[2007] QPEC 100
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- Unreported Judgment
- Appeal Determined (QCA)
- Australian Capital Holdings Pty Ltd v Mackay City Council[2007] QPEC 100Robin QC DCJ
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Australian Capital Holdings Pty Ltd v Mackay City Council[2007] QPEC 100
Australian Capital Holdings Pty Ltd v Mackay City Council[2007] QPEC 100
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Editorial Notes
- Published Case Name:
Australian Capital Holdings Pty Ltd v Mackay City Council & Ors
- Shortened Case Name:
Australian Capital Holdings Pty Ltd v Mackay City Council
- MNC:
[2007] QPEC 100
- Court:
QPEC
- Judge(s):
Robin QC DCJ
- Date:
15 Nov 2007
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2007] QPEC 55 | 10 Jul 2007 | Application for further and better disclosure dismissed; the document sought is likely to be directly relevant to the need for Eulcom’s expanded shopping centre but not directly relevant to ACH’s proposed development, the latter being the nub of the appeal: Skoien SJDC. |
| Primary Judgment | [2007] QPEC 100 | 15 Nov 2007 | Appeal against refusal by Council of development application for supermarket-based shopping centre; appeal to be allowed, subject to appropriate conditions being determined including conditions protecting the legitimate amenity expectations of neighbours: Robin QC DCJ. |
| Primary Judgment | P&E Appeal 3575/06 (No Citation) | 04 Feb 2008 | Orders for the purposes of a hearing intended to resolve issues in dispute as to the effect of the development on the amenity of the adjoining properties. |
| Appeal Determined (QCA) | [2008] QCA 101 [2008] QPELR 606 | 02 May 2008 | Leave to appeal granted and appeal allowed setting aside 4 February 2008 orders and ordering adjournment pending Appeal 11897/07; judge in P&EC allowed appeal in relation to the refusal of a development application by Council; primary judge had exhausted jurisdiction by allowing appeal, to consider whether the impact on amenity was such that the development approval should not be granted; supplementary hearing in that regard was beyond his power: Holmes and Fraser JJA and Chesterman J. |
| Appeal Determined (QCA) | [2008] QCA 157 [2008] QPELR 608 | 20 Jun 2008 | Leave to appeal and appeal allowed; order appeal to P&E Court 3575/06 be dismissed; there were insufficient planning grounds to justify approval of the development application; erred in departing from well-established principle that a planning court ought not substitute its own preferred planning strategies in place of carefully developed schemes of the planning authority, particularly where the schemes have recently been reviewed: Holmes and Muir JJA and White J. |
| Appeal Determined (QCA) | [2008] QCA 170 | 27 Jun 2008 | Costs following judgment in [2008] QCA 101; respondents pay appellants' costs of complying with orders made on 4 February 2008: Holmes and Fraser JJA and Chesterman J (Holmes JA dissenting). |
| Appeal Determined (QCA) | [2008] QCA 188 | 18 Jul 2008 | Application by leave to amend order of 27 June 2008 pursuant to slip rule; application granted: Holmes and Fraser JJA and Chesterman J. |
Appeal Status
Appeal Determined (QCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| Broad v Brisbane City Council | [1986] 2 Qd R 317; [1986] QSCFC 27 | 1 citation |
| BV v Gold Coast City Council & Ors | (2003) QPELR 385 | 1 citation |
| Colless v Brisbane City Council | [1984] QPLR 235 | 1 citation |
| Edwards & Alexander v Gold Coast City Council & Anor | [2005] QPELR 226 | 1 citation |
| Fernhunt Pty Ltd v Mackay City Council | [2002] QPELR 447 | 1 citation |
| Harburg Investments Pty Ltd v Brisbane City Council | (2000) QPELR 313 | 1 citation |
| JPF Australia Pty Ltd v Livingstone Shire Council | [2006] QPELR 359 | 1 citation |
| Lend Lease Property Management Pty Ltd v Maroochy Shire Council | [2003] QPELR 23 | 2 citations |
| Luke v Maroochy Shire Council & Anor | (2003) QPELR 447 | 1 citation |
| Mirbelia Street Action Group v Brisbane City Council | [2004] QPELR 97 | 1 citation |
| Northern Beaches Developments Pty Ltd v Mackay City Council | (1999) QPELR 364 | 1 citation |
| Prime Group Properties Ltd v Caloundra City Council | (1995) QPLR 147 | 1 citation |
| Prime Group Properties v Brisbane City Council | (1994) QPLR 153 | 1 citation |
| Rio Pioneer Gravel Co. Pty. Limited v Warringah Shire Council | (1969) 17 LGRA 153 | 1 citation |
| Ugarin Pty Ltd v Logan City Council | (2004) QPELR 392 | 2 citations |
| Vanglow Pty Ltd v Council of the Shire of Albert | (1991) QPLR 68 | 1 citation |
| Vynotas P/L & Anor v BCC | [2002] 1 Qd R 108; [2001] QCA 24 | 1 citation |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| Bassingthwaighte v Roma Town Council | [2010] QPEC 91 | 1 citation |
| Gold Coast Motorsport Training Centre Pty Ltd v Gold Coast City Council | [2021] QPEC 33 | 1 citation |