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CITE
Unreported Judgment
Appeal Determined - Special Leave Discontinued (HCA)
Smits v Moreton Bay Regional Council[2010] QPEC 31Newton DCJ
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Editorial Notes
Published Case Name:
Smits & Anor v Moreton Bay Regional Council & Ors
Shortened Case Name:
Smits v Moreton Bay Regional Council
MNC:
[2010] QPEC 31
Court:
QPEC
Judge(s):
Newton DCJ
Date:
09 Apr 2010
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)
