Di Marco v Brisbane City Council & Ors

In the case of Di Marco v Brisbane City Council & Ors, the plaintiff sought judicial review of a decision by the Brisbane City Council to approve a development application. The plaintiff argued that the Council had failed to properly consider the impact of the proposed development on the plaintiff's property, specifically the loss of views and outlook. The case was heard and determined in the Queensland Court of Appeal.

The primary legal issue in the case was whether the Brisbane City Council had made a jurisdictional error in approving the development application by failing to properly consider the effect of the proposed dwelling on the plaintiff's loss of views or outlook. The plaintiff argued that the Council had misapplied the relevant codes and had failed to consider the impact of the development on the plaintiff's property.

The Court of Appeal held that the Council had not made a jurisdictional error in approving the development application. The Court found that the Council had properly considered the impact of the proposed development on the plaintiff's property, and that the plaintiff's argument that the Council had misapplied the relevant codes was without merit. The Court held that the Council's decision to approve the development application was not unreasonable, and that the plaintiff's application for judicial review should be dismissed.

In light of the above, the Court dismissed the plaintiff's application for judicial review and made no orders. The decision of the Brisbane City Council to approve the development application was upheld.