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ARTICLE · 19 SEPTEMBER 2014

27/14 Kadhem v Trinity Green Development Pty Ltd [2014] QPEC 36

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The issues for the Court's consideration included whether the purported notice of appeal had been filed out of time.

AustraliaReal Estate and Construction
Michael Walton
Michael Walton
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Jones DCJ - 3 July 2014
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Application – leave to appeal – whether time for filing notice of appeal expired – whether if time for filing notice of appeal had expired leave ought be granted – whether reasonable explanation for delay – whether applicant had reasonable prospects of success in the substantive appeal if leave granted – whether fairness dictated that leave be granted – costs.

Facts: This was an application for leave to appeal against Council's decision to approve a development proposal advanced by Trinity Green Development Pty Ltd (Trinity) where the time for filing a notice of appeal under the Sustainable Planning Act 2009 (Qld) (SPA) had expired.

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