Copley v Logan City Council

COURT OR TRIBUNAL

Queensland Planning and Environment Court

DATE FILED (OR FIRST HEARING DATE)

21/12/2011

LITIGATION TYPE

Access to Justice, Project Approval - Adaptation

SUBJECT MATTER

Costs, Flood risk

REVIEW TYPE

Judicial review

SUMMARY

The Court found that all of the appellant's grounds of appeal, save for Ground 1, which concerned flooding, should be struck out, and ordered that 'the issues in the hearing of the substantive appeal are to be limited to only the flooding issues raised by the appellant in his amended notice of appeal.'

In the second judgment, proceedings concerned a claim for costs against the respondent/appellant, Mr Copley. Mr Copley had disputed the granting of a permit for a development application. Four out of the five original objections were struck out. Whilst both parties proceeded on the basis that the issue of costs was to be determined by reference to the Integrated Planning Act 1998 (QLD), ('IPA'), the Court disagreed, preferring costs to be apportioned under the Sustainable Planning Act 2009 (QLD), ('SPA'). Mr Copley was ordered to pay one third of the applicant/co-respondents' costs.

CASE DOCUMENTS

Copley v Logan City Council [2012] QPEC 39
Copley v Logan City Council [2012] QPEC 43