Smits v Moreton Bay Regional Council
[2009] QPEC 63
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- Unreported Judgment
- Appeal Determined - Special Leave Discontinued (HCA)
- Smits v Moreton Bay Regional Council[2009] QPEC 63Robin DCJ
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Smits v Moreton Bay Regional Council[2009] QPEC 63
Smits v Moreton Bay Regional Council[2009] QPEC 63
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Editorial Notes
- Published Case Name:
Smits v Moreton Bay Regional Council & Ors; Tendiris Pty Ltd v Moreton Bay Regional Council & Ors
- Shortened Case Name:
Smits v Moreton Bay Regional Council
- MNC:
[2009] QPEC 63
- Court:
QPEC
- Judge(s):
Robin DCJ
- Date:
15 Jul 2009
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | Pines Rivers Shire Council (no citation or file number) | 25 Mar 2003 | Mr Ogle applied for a development application in respect of land owned by him for a material change of use for a low density residential subdivision comprising 207 allotments; application refused by decision notice |
| Primary Judgment | [2004] QPEC 71 | 10 Nov 2004 | Tendiris applied for an order joining it as an appellant to Mr Ogle's appeal against Council's decision made on 25 March 2003; where relevant land now owned by Tendiris; ordered that Tendiris file separate notice of appeal: Robin QC DCJ |
| Primary Judgment | [2004] QPEC 91 | 13 Dec 2004 | Tendiris applied for extension of time to commence new appeal and directions for service; orders as per draft: Robin QC DCJ |
| Primary Judgment | P & E Appeal No 1313 of 2003 | 21 Aug 2007 | Mr Smits, the sole director of Tendiris, applied pursuant to r 69 of the UCPR to remove Mr Ogle from his appeal and substitute Tendiris as the appellant; application refused: Rackemann DCJ |
| Primary Judgment | [2009] QPEC 63 | 15 Jul 2009 | Council applied for orders consolidating two separate appeals against same decision; ordered that appeals of Mr Ogle and Tendiris be consolidated and stayed until appellants have common legal representation: Robin QC DCJ |
| Primary Judgment | [2009] QPEC 88 | 26 Aug 2009 | Mr Smits and Tendiris applied for an order varying the stay ordered in [2009] QPEC 63 to set the matter down for further mention; order as per draft: Robin QC DCJ |
| Primary Judgment | [2010] QPEC 31 | 09 Apr 2010 | Tendiris applied for a declaration that a proposed change to its development application was a "minor change" within the meaning of section 4.1.52(2)(b) of the Integrated Planning Act 1997; declaration that proposed changes were not a minor change: Newton DCJ |
| Appeal Determined (QCA) | [2008] QCA 232 | 08 Aug 2008 | Tendiris applied for leave to appeal against orders of Rackermann DCJ made on 21 August 2007; leave granted, appeal allowed and ordered that Mr Ogle be removed from his appeal and substituted with Mr Smits: Keane and Muir JJA and Mackenzie AJA |
| Appeal Determined (QCA) | [2010] QCA 349 | 10 Dec 2010 | Tendiris and Mr Smits applied for leave to appeal against [2010] QPEC 31; application refused with costs: Holmes, Fraser and Chesterman JJA |
| Special Leave Discontinued (HCA) | [2009] HCATrans 97 | 06 May 2009 | Tendiris and Mr Smits applied for an order that Mr Ogle and his solicitors, Cranston McEachern Solicitors, pay their costs thrown away by failing to file a notice of discountenance of Mr Ogle's application for special leave against [2008] QCA 232 following his sequestration; various orders as to costs made: Kiefel J |
Appeal Status
Appeal Determined - Special Leave Discontinued (HCA)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| Dehsabzi v John Fairfax Publications Pty Ltd (No. 3) | [2008] NSWDC 273 | 1 citation |
| Ecovale Pty Ltd v Gold Coast | (1997) QPELR 344 | 1 citation |
| Ecovale Pty Ltd v Gold Coast City Council | [1999] 2 Qd R 35 | 1 citation |
| Fox v Olsen | [1999] SASC 411 | 1 citation |
| Hamod v State of New South Wales | [2001] FCA 157 | 1 citation |
| Hawkesbury v Mushroom Composters Pty Ltd | [1995] NSWLEC 87 | 1 citation |
| Heilbronn & Partners v Gold Coast City Council | [2005] QPELR 386 | 1 citation |
| Kirby v Centro Properties Ltd | [2008] FCA 1505 | 1 citation |
| Leda Holdings Pty Ltd v Caboolture SC | [2007] 1 Qd R 467; [2006] QCA 41 | 1 citation |
| Lewis v Daily Telegraph (No 2) | (1964) 2 QB 601 | 1 citation |
| Ogle v Pine Rivers SC | [2008] QCA 232 | 3 citations |
| Ogle v Pine Rivers Shire Council & Ors | [2005] QPELR 291 | 2 citations |
| Sushames v Pine Rivers Shire Council | [2007] 1 Qd R 382; [2006] QCA 171 | 4 citations |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| Darwen v Pacific Reef Fisheries (Australia) Pty Ltd | [2011] QPEC 17 | 1 citation |
| Petroleum Design & Management Pty Limited v Whitsunday Regional Council | [2009] QPEC 115 | 1 citation |