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ARTICLE · 17 OCTOBER 2013

25/13: Wakely & Ors V Summit View Meritor Pty Ltd & Ors [2013] QPEC 36

Norton Rose Fulbright Australia
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This was an application for summary judgment by the Third Respondent local government to the Originating Application.

AustraliaReal Estate and Construction
Michael Walton
Michael Walton
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(Everson DCJ - 26 June 2013)

Environment and planning – application for summary judgment by Third Respondent – ambit of power to make declarations – ambit of power to make enforcement order – discretionary considerations

Sustainable Planning Act 2009 (Qld), ss 456, 457, 601 and 604
Uniform Civil Procedure Rules 1999 (Qld), r 293
Planning and Environment Court Rules 2010 (Qld), s 3

Facts: This was an application for summary judgment brought by the Third Respondent local government to the Originating Application.

The matter related to the First Respondent developer's breach of development approvals issued to it by the Council for the purpose of developing a residential housing estate.

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