Insights

Court review in Queensland planning matters: observations re Stevenson’s case, jurisdictional error and unlawfulness

This paper examines the Queensland Court of Appeal’s decision in Stevenson Group Investments Pty Ltd v Nunn [2012] QCA 351 and whether it remains good law having regard to the Court of Appeal’s decision in BM Alliance Coal Operations Pty Ltd v BGC Contracting Pty Ltd [2015] 1 Qd R 228; [2013] QCA 394, and the court’s earlier decision in Barro Group Pty Ltd v Redland Shire Council [2010] 2 Qd R 206; (2009) LGERA 326; [2009] QCA 310.

The paper first reviews the judgments in the Planning and Environment Court and the Court of Appeal, and then consider a potential jurisdictional error not dealt with in those proceedings.

It then reviews the Court of Appeal’s decisions in BM Alliance and Barro, and discuss court review generally for unlawfulness and jurisdictional error.

Lastly, the writer will identify some markers to look for when considering whether a decision maker has made a jurisdictional error.

The paper is available at this link.

It was published in the Queensland Environmental Practice Reporter in July 2014.

Robert A. Quirk

Barrister

Higgins Chambers

July 2014