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Page of 19
CITE
Unreported Judgment
Appeal Determined (QCA)
Wall v Douglas Shire Council[2007] QPEC 44Robin DCJ
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Editorial Notes
Published Case Name:
Wall, D-G of the EPA v Douglas Shire Council
Shortened Case Name:
Wall v Douglas Shire Council
MNC:
[2007] QPEC 44
Court:
QPEC
Judge(s):
Robin DCJ
Date:
11 May 2007
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
[2007] QPEC 15
14 Feb 2007
Adjournment of application: Robin QC DCJ.
Primary Judgment
[2007] QPEC 44
11 May 2007
Application for determination of preliminary points of law arising from dispute involving construction of toilet block and installation of sewerage treatment systems and connecting pipe work; the determinations on the preliminary points of law sought by the Council were inappropriate; went on to order the "preliminary points be determined favourably to the EPA": Robin QC DCJ.
Leave to appeal granted and appeal allowed ordering application for determination of preliminary points of law be refused; right to reject application as premature in the absence of full factual findings; primary judge made errors of law in interpreting complex legislation with potentially significant public interest and impact: McMurdo P, Holmes JA and Dutney J (Holmes JA dissenting in part).
Appeal Status
Appeal Determined (QCA)
Cases Cited
Case Name
Full Citation
Frequency
A v B
[1969] NZLR 534
1 citation
Bond Corporation Holdings Ltd v Sulan
(1990) 3 WAR 49
1 citation
Cornerstone Properties Ltd v Caloundra City Council
[2005] QPELR 96
1 citation
Federated Engine-Drivers' and Firemen's Association of Australasia v Broken Hill Pty. Co. Ltd.
(1913) 16 CLR 245
1 citation
Gantry Acquisition Corporation v Parker & Parsley Petroleum Australia Pty Ltd
