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Ross Neilson Properties Pty Ltd v Brisbane City Council & Ors[2007] QPEC 3

Ross Neilson Properties Pty Ltd v Brisbane City Council & Ors[2007] QPEC 3

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Editorial Notes

  • Published Case Name:

    Ross Neilson Properties Pty Ltd v Brisbane City Council & Ors

  • Shortened Case Name:

    Ross Neilson Properties Pty Ltd v Brisbane City Council & Ors

  • MNC:

    [2007] QPEC 3

  • Court:

    QPEC

  • Judge(s):

    Wilson SC DCJ

  • Date:

    01 Feb 2007

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2006] QPEC 72 [2006] QPELR 79918 Jul 2006Application to raise additional issues on appeal; the issues which were sought to be raised had been sufficiently particularised; appropriate to exercise discretion to allow the application so as to permit the issues to be raised and considered by the Court in the context of a merits review of the application the subject of the appeal: Rackemann DCJ.
Primary Judgment[2007] QPEC 3 [2007] QPLER 32301 Feb 2007Appeal against Council decision dismissed; appeal against decision of Council approving development plan with respect to large retail development; significant changes in planning direction reflected in both the preliminary approval and the new Local Plan were entirely consistent with the provisions of the SEQ Regional Plan: A Wilson SC DCJ.
Appeal Determined (QCA)[2007] QCA 382 (2007) 156 LGERA 399; [2008] QPELR 15309 Nov 2007Leave to appeal refused; appeal against dismissal of appeal against Council decision to grant approval to a development application; there were no such inconsistencies between the proposed development and the Local Plan as would justify the P&E Court refusing to uphold the approval granted by the Council: Williams and Holmes JJA and Atkinson J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Green v Brisbane City Council [2002] QPELR 3242 citations
Grosser v Council of Gold Coast City (2001) 117 LGERA 1532 citations
Kentbrock Pty Ltd v Gold Coast City Council (2003) QPELR 5872 citations
Luke v Maroochy Shire Council & Anor (2003) QPELR 4472 citations
Maher v Hervey Bay City Council [2006] QPEC 982 citations
Roosterland Pty Ltd v Brisbane City Council (1986) QPLR 5152 citations
Silverton Ltd v Maroochy Shire Council [1982] QPLR 1822 citations
Skateway Pty Ltd v Brisbane City Council (1980) QPLR 2452 citations
Wincam Developments No. 3 Pty Ltd v Brisbane City Council [2004] QPELR 4742 citations
Woolworths Ltd v Maryborough City Council (No 2)[2006] 1 Qd R 273; [2005] QCA 2622 citations

Cases Citing

Case NameFull CitationFrequency
Bruce v Caloundra City Council [2007] QPEC 461 citation
K & K GC Pty Ltd v Gold Coast City Council [2018] QPEC 91 citation
Y F G Shopping Centres Pty Ltd v Brisbane City Council [2013] QPEC 5911 citations
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