Robert Raftopoulos v Brisbane City Council

[2012] HCASL 122

ROBERT RAFTOPOULOS

v

BRISBANE CITY COUNCIL

[2012] HCASL 122
B21/2012

1. On 3 November 2006, a development application was lodged with the respondent with the consent of the applicant. The application concerned the development of multi‑unit dwellings. On 7 August 2007, the application was approved subject to certain conditions. The applicant commenced proceedings in the Planning and Environment Court seeking compensation under s 5.4.5. of the Integrated Planning Act 1997 (Q) ("the Act") for purported errors made in the approval process.

2. On 4 October 2011, the application was dismissed summarily. The Planning and Environment Court (Judge Griffin SC) held that the applicant had not obtained a certificate under s 5.7.8 of the Act, the holding of which was a necessary precondition to an entitlement to compensation under s 5.4.5 of the Act.

3. The applicant sought leave to appeal the decision to the Court of Appeal of the Supreme Court of Queensland but on 5 April 2012, the Court of Appeal (Muir and Chesterman JJA, P Lyons J) refused the application. It concluded that even if the development approval was equivalent to a development certificate for the purposes of s 5.4.5, there were no errors in the approval which would give rise to compensation.

4. The applicant seeks special leave to appeal to this Court against the whole of the decision of the Court of Appeal on the same argument put before that Court.  There are insufficient prospects of success on any issue of law to justify the grant of special leave.  To the extent that the application raises issues of fact, there is no reason to doubt the correctness of the Court of Appeal's decision.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

W.M.C. Gummow
15 August 2012 S.M. Kiefel