Shanvale v Council of the Shire of Livingstone

In the Supreme Court of Queensland, Shanvale Pty Ltd (the applicant) sought judicial review of a decision by the Council of the Shire of Livingstone (the respondent) to impose a special rate on each lot within the historic Marlborough township subdivision. The applicant, a real estate company, had purchased Marlborough Station, including the historic subdivision, and commenced selling lots within the subdivision. The respondent, concerned about the lack of infrastructure and potential environmental impacts, took various steps, including imposing the special rate for road improvements. The applicant argued that the Council acted in bad faith, lacked statutory power, and made an irrational decision. The court found that the Council's actions were not motivated by bad faith, the statutory provisions allowed for the imposition of the rate, and the decision was not so unreasonable as to warrant judicial review. The application for judicial review was dismissed.