SUPREME COURT OF QUEENSLAND
CITATION:
Leahy v Brisbane City Council & Ors [2022] QSC 200
PARTIES:
RICHARD JOHN LEAHY
(applicant)
v
BRISBANE CITY COUNCIL
(first respondent)
REINET INVESTMENTS PTY LTD
(ACN 641 633 267)
(second respondent)
KEYSER ISLAND PTY LTD
(ACN 606 498 917)(third respondent)
FILE NO/S:
BS No 13261 of 2021
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
20 September 2022
DELIVERED AT:
Brisbane
HEARING DATE:
11 July 2022
JUDGE:
Davis J
ORDERS:
1. The decision of the Council made on 18 December 2018 approving the construction of an electronic advertising billboard on 43 Musgrave Road, Red Hill be set aside.
2. The application for approval of the sign be further considered by the Council.
3. The applicant file and serve upon any respondent, against whom he seeks costs, by 27 September 2022 any written submission on costs of the application.
4. Any respondent upon whom the applicant serves costs submissions may file and serve upon the applicant by 4 October 2022 any written submission on costs of the application.
5. Each party have leave to file and serve by 11 October 2022 any application for leave to make oral submissions on costs.
6. In the absence of any application to make oral submissions on costs of the application being filed by 11 October 2022, the question of costs will be decided on any written submissions and without further oral hearing.
CATCHWORDS:
ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - TIME FOR APPLICATION - EXTENSION OF TIME - GENERALLY - where the respondent Council approved the installation of a billboard sign - where the sign was erected adjacent to the boundary of the applicant’s land - where the applicant alleged error in the decision to approve the billboard sign - where the applicant applied for judicial review of the decision - where no reasons were given - whether the applicant must apply within a “reasonable time” of the decision - consideration of the factors relevant to calculation of “reasonable time” - whether any extension of time needed to be sought - consideration of relevant factors to an extension of time
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS - EXISTENCE OF OBLIGATION - RIGHTS AND INTERESTS AFFECTED BY THE DECISION - where the respondent Council approved the installation of a billboard sign - where the sign was erected adjacent to the boundary of the applicant’s land - where the applicant applied for judicial review of the decision - where the applicant alleged he had not been heard on the application for approval of the sign - whether the applicant had an interest in the approval - whether the applicant was a member of an identifiable class of persons affected by the approval - whether a duty to afford procedural fairness arose
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - RELEVANT CONSIDERATIONS - MANDATORY CONSIDERATIONS - FAILURE TO CONSIDER - where the respondent Council approved…
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- Case
- [2022] QSC 200
- Decision Date
CaseChat Overview and Summary
The court examined the reasonableness of the time taken by Mr Leahy to apply for judicial review and whether an extension of time should have been granted. The court considered several factors, including the extent of the delay, the effect on Mr Leahy if the application was refused, and the seriousness of the consequences of any error to him. The court also assessed whether procedural fairness was owed to Mr Leahy and if the Council failed to consider relevant factors. The court found that Mr Leahy was aggrieved by the decision and that the application was within a reasonable time, warranting an extension. Furthermore, the court determined that procedural fairness was not applicable, and the Council did not fail to consider relevant factors.
The court quashed the decision of the Brisbane City Council to approve the construction of the electronic advertising billboard on 43 Musgrave Road. The court ordered the Council to further consider the application for approval of the sign. The court also set out a timetable for the parties to file and serve written submissions on costs, with an option for oral submissions if an application was made by a specified date.
Orders
Orders of the court
1. The decision of the Council made on 18 December 2018 approving the construction of an electronic advertising billboard on 43 Musgrave Road, Red Hill be set aside.
2. The application for approval of the sign be further considered by the Council.
3. The applicant file and serve upon any respondent, against whom he seeks costs, by 27 September 2022 any written submission on costs of the application.
4. Any respondent upon whom the applicant serves costs submissions may file and serve upon the applicant by 4 October 2022 any written submission on costs of the application.
5. Each party have leave to file and serve by 11 October 2022 any application for leave to make oral submissions on costs.
6. In the absence of any application to make oral submissions on costs of the application being filed by 11 October 2022, the question of costs will be decided on any written submissions and without further oral hearing.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.