PLANNING AND ENVIRONMENT – APPEAL – where submitter appeal against approval – where approval for a mixed use high-rise development – where development does not comply with planning scheme in force at the time the development application was properly made – where latter amendments made to planning scheme – whether…
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant seeks final decisions before a full hearing – whether respondent caused unnecessary disadvantage – whether discretion should be exercised. Full judgment on the Supreme Court Library website.
CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – DISCHARGE, BREACH AND DEFENCES TO ACTION FOR BREACH – OTHER MATTERS – Minor Civil Dispute – circumstances where Respondents perform clutch replacement – ongoing difficulties with clutch system – claims of use of non-genuine parts and substandard work – sufficiency of evidence for those…
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT AN INDEMNITY CERTIFICATE – where the Court allowed the appeal against the decision of the primary judge and concluded there should be a retrial – where the unsuccessful respondent seeks an indemnity certificate – where the appeal turned on…
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTION OF APPELLATE COURT – WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES – NECESSITY FOR FINDING TO BE CLEARLY WRONG – where the appellants commenced proceedings to recover money which they said was…
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, s 109) – GENERALLY – TEST FOR INCONSISTENCY – where a Commonwealth Act requires the agent of a State branch of a registered political party to furnish a return with particulars of receipts of more…
MONEY – PAYMENT – OTHER MATTERS – where the plaintiffs transferred their respective interests in the farm to the defendants as joint tenants – where the terms upon which that transfer occurred were in dispute – whether the defendants agreed to pay $250,000 for the first plaintiff’s share. EVIDENCE –…