McIlwraith v Scenic Rim Regional Council

[2012] QPEC 48

[2012] QPEC 48

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P and E Application No 3629 of 2010
P and E Appeal No 2577 of 2010

DOUGLAS WILLIAM MCILWRAITH	Applicant/Appellant
and
SCENIC RIM REGIONAL COUNCIL	Respondent

BRISBANE

..DATE 28/06/2012

JUDGMENT

CATCHWORDS

Order made by consent of parties specifying the amount of costs payable under earlier orders of the court - the Supreme Court had no jurisdiction to deal with the parties' request that a "consent order" be made
HIS HONOUR:  Mr McIlwraith made unsuccessful challenges, of a constitutional nature, to the respondent's planning law approaches to activity he engages in of operating a private airstrip on his property.

The Court's processes resulted in a determination that, with a limited exception, Mr McIlwraith should pay costs to the council.  The parties are to be congratulated on working out the appropriate quantum for themselves.  Their attempts to convert their agreement into an order, which might be made by the filing of documents indicating their consent, proved unsuccessful to date.

One reason may be that the approach was made to the Supreme Court which, unsurprisingly, rejected the proffered documents a form 59A under the UCPR, rather than to this Court which has jurisdiction in the parties' disputes. Its jurisdiction is expressed to be “exclusive" in s 436(2) of the Sustainable Planning Act 2009 (formerly s 4.1.2(2) of the Integrated Planning Act 1997). Cf Netstar Pty Ltd v Caloundra City Council [2005] 1 Qd R 287.

Through my Associate, I have indicated my willingness to make an order giving effect to the parties' agreement which identifies the amount which Mr McIlwraith, as applicant/appellant, must pay the respondent in full and final satisfaction of its entitlement to costs in both matters.

There will be an order in terms of the initialled draft.

-----