Sunland Group Limited & Anor v. Gold Coast City Council
Case No.
B64/2020
Case Information
Lower Court Judgment
01/05/2020 Supreme Court of Queensland (Court of Appeal) (Sofronoff P, Philippides and McMurdo JJA)
Catchwords
Administrative law – Planning and environment – Development approvals – Where in 2015 second applicant bought parcel of undeveloped land which carried with it benefit of preliminary development approval granted in 2007 – Where preliminary approval approved multi-stage residential development subject to 56 conditions – Where some conditions provided for payment of infrastructure contributions to respondent – Where preliminary approval made under Integrated Planning Act 1997 (Qld) – Where Integrated Planning Act replaced by other legislation – Whether conditions concerning infrastructure contributions, properly construed, should be read as binding on applicant or landowner, or merely as statements as to scope of future possible conditions – Whether, in construction of conditions, contra proferentem rule applies so that ambiguities are to be resolved against approving authority.
Documents*
13/10/2020 Hearing (SLA, Melbourne with video-connection to Brisbane)
22/10/2020 Notice of appeal
01/12/2020 Written submissions (Appellants)
01/12/2020 Chronology (Appellants)
14/01/2021 Written submissions - amended (Respondent)
02/02/2021 Reply
09/04/2021 Hearing (Full Court, Canberra)
09/04/2021 Outline of oral argument (Appellants)
09/04/2021 Outline of oral argument (Respondent)
05/08/2021 Hearing (Full Court, Canberra)
10/11/2021 Judgment (Judgment summary)