In late September, the Queensland Court of Appeal handed down
its judgement in Albion Mill FCP Pty Ltd v FKP Commercial
Developments Pty Ltd [2018] QCA 229. This came in response to
an appeal by Albion Mill FCP Pty Ltd
("FCP") against the Supreme Court's
findings in FKP Commercial Developments Pty Ltd v Albion Mill
FCP Pty Ltd [2017] QSC 322.
The appeal clarifies the requirements for vendors serving a
notice under s 408 of the Environmental Protection Act
1994 (Qld) ("EPA") and highlights
the broad discretion that Courts are willing to give.
On both matters, the Court of Appeal affirmed the findings of
Justice Jackson at first instance and dismissed the appeal.
Facts
For a more detailed outline of the facts and our assessment of
implications of the Supreme Court's judgement at first
instance, please seeour earlier alert
Serving Notices under s 408 of the Environmental Protection Act
(QLD).
