QLDQCA
Mudie v Gainriver Pty Ltd & Ors [2001] QCA 382
[2001] QCA 382
Court of Appeal (Qld)|2001-09-14|Before: Davies and Thomas JJA, White JJudgment of the Court
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2001-09-14
Before
Davies and Thomas JJA, White JJudgment of the Court
Catchwords
- LOCAL GOVERNMENT – SUBDIVISION OF LAND - CONSENT AND APPROVAL OF
- COUNCILS – ROADS AND ACCESS – ROADS – where
- respondent
- developer constructed a road adjacent to the appellant’s land without
Source
Original judgment source is linked above.
Catchwords
LOCAL GOVERNMENT – SUBDIVISION OF LAND - CONSENT AND APPROVAL OFCOUNCILS – ROADS AND ACCESS – ROADS – whererespondentdeveloper constructed a road adjacent to the appellant’s land withoutcouncil approval – where appellant undercontinuing disadvantage from itspresence – where council ultimately approved the road – whether thetrial judge erredin failing to order that the road be removedPROCEDURE– INFERIOR COURTS – PLANNING AND ENVIRONMENT COURT –DISCRETIONARY POWERS – NATURE OF DISCRETION– where theCourt’s proper function in such matters is to perform a balancing exercisewith a view to matters of privateand public interest – road unlawfullybuilt by developer upon dedicated public road area – public nuisance– whetherorder should be made for its removal – where trial judgeplaced too much emphasis on attitude of Council – failure toperform