Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 JUNE 2018

Planning and Environment Court in Queensland awards costs after relevant development application is withdrawn

Colin Biggers & Paisley
Explore more from Colin Biggers & Paisley

The Court saw no reason to deny the applicants a favourable costs order and ordered the respondent to pay their costs.

AustraliaLitigation, Mediation & Arbitration
Nadia Czachor
Nadia Czachor
Ian Wright
Ian Wright
Ella Hooper
Ella Hooper

In brief

The case of Conias Hotels Pty Ltd & Anor v Ross Neilson Properties Pty Ltd & Ors [2017] QPEC 65 concerned an application for costs to the Planning and Environment Court made by Conias Hotels Pty Ltd and City Commercial Holdings Pty Ltd (Applicants) against Ross Neilson Properties (Respondent).

The Respondent had lodged a development application for the retention of an existing building and the construction of a mixed use high rise development. The development application included 133 car parks with vehicle access via a laneway which was encumbered by existing easements. The easements not only benefitted the Respondent but also the Applicants. The Applicants were concerned over increased traffic and congestion due to the laneway. The Applicants were also concerned that the proposed development would limit their right to develop over the easement in the future and also that the development application did not include consent from all relevant land owners.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal