Full Court Minute Books

Case B33/2017

Pike & Anor v. Tighe & Ors

Case No.


Case Information

Lower Court Judgment

23/12/2016 Supreme Court of Queensland (Court of Appeal) (Fraser J, Morrison J, Philippides J)

[2016] QCA 353


Real property – Statutory interpretation – Sustainable Planning Act 2009 (Qld) – Where second respondent granted approval for reconfiguration of original lot into Lots 1 and 2 – Where approval subject to condition that easement for “pedestrian and vehicle access, on-site manoeuvring and connection of services and utilities” be registered for benefit of Lot 2 – Where registered easement does not permit “on-site manoeuvring and connection of services and utilities” – Where first respondents registered owners of Lot 1 and appellants registered owners of landlocked Lot 2 – Whether Court of Appeal erred in concluding that power to make enforcement order under s 604(1) arose only upon Planning and Environment Court being satisfied that first respondents committed development offence against s 580(1) – Whether Court of Appeal erred in failing to conclude that condition of development approval imposed continuing obligation despite reconfiguration approval by registration of survey plan.

Short particulars


16/06/2017 Hearing (SLA, Sydney)

30/06/2017 Notice of appeal

07/07/2017 Submitting appearance (Second Responent)

24/07/2017 Written submissions (Appellants)

24/07/2017 Chronology (Appellants)

17/08/2017 Written submissions (First Respondent)

17/08/2017 Chronology (First Respondent)

31/08/2017 Reply

08/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/03/2018 Judgment (Judgment summary)