Victoria Park Golf Club Inc v Brisbane City Council [2001] QCA 528

Victoria Park Golf Club Inc v Brisbane City Council [2001] QCA 528 (30 November 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Victoria Park Golf Club Inc v Brisbane City Council [2001] QCA 528

PARTIES:

VICTORIA PARK GOLF CLUB INC

(plaintiff/appellant)

v

BRISBANE CITY COUNCIL

(defendant/respondent)

FILE NO/S:

Appeal No 6705 of 2001

SC No 5853 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

30 November 2001

DELIVERED AT:

Brisbane

HEARING DATE:

12 November 2001

JUDGES:

McMurdo P, McPherson JA and Mackenzie J

Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed with costs

CATCHWORDS:

LOCAL GOVERNMENT - REGULATION AND ADMINISTRATION - CONTRACTS - AUTHORITY TO BIND COUNCIL - whether the Director, or Manager, of Major Venues had authority to enter into a contract binding on the Brisbane City Council to grant a lease LOCAL GOVERNMENT - POWERS, FUNCTIONS AND DUTIES OF COUNCILS GENERALLY - POWERS IN GENERAL - DELEGATION OF - whether the Brisbane City Council had delegated its power to enter into contracts

CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - MATTERS NOT GIVING RISE TO BINDING CONTRACT - VAGUENESS AND UNCERTAINTY - LEASES - whether the agreement was unenforceable by reason of s 57(1) Land Act 1994 (Qld)

City of Brisbane Act 1924 (Qld), s 5(1), s 6, s 6A, s 39B(1), s 40

Land Act 1994 (Qld), s 57(1)

Bonanza Creek Gold Mining Company v The King [1916] 1 AC 566, considered

Coogee Esplanade Surf Motel Pty Ltd v The Commonwealth [1944] ArgusLawRp 72; (1983) 50 ALR 363, distinguished

Doe d Pennington v Taniere [1848] EngR 1045; (1848) 12 QB 998; (1848) 116 ER 1144, considered

Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480, distinguished

Groves v BMW Finance Ltd [2001] QCA 16, Appeal No 3316 of 2000, 9 February 2001, considered

Mayor of Ludlow v Charlton [1840] EngR 245; (1840) 6 M & W 815; (1840) 151 ER 642, considered

Northern Territory of Australia v Skywest Airlines Pty Ltd [1987] NTSC 31; (1987) 48 NTR 20, distinguished

Queensland Television Limited v Commissioner of Taxation [1969] HCA 41; (1969) 119 CLR 167, distinguished

COUNSEL:

M Conrick for the appellant

M Hinson SC for the respondent

SOLICITORS:

Windsor Craig for the appellant

Brisbane City Legal Practice for the respondent