| Driesen v Gold Coast City Council (QCA) - environment and planning - extension of time to appeal against Council’s grant of development permit |
| MJ Arthurs Pty Ltd v Portfolio Housing Pty Ltd (QCA) - construction contract - time at which entitlement to profit share under oral agreement arose - appeal allowed |
| Massey v Smith (QSC) - Wills and estates - document did not operate as codicil to earlier Will - no trust demonstrated to exist - declarations refused |
| Summaries With Link (Five Minute Read) |
Driesen v Gold Coast City Council [2015] QCA 85
Court of Appeal of Queensland
Holmes & Morrison JJA; Dalton J
Environment and planning - Planning and Environment Court dismissed applicant’s application for extension of time to appeal against Council’s grant of development permit to second respondent property developer - applicant sought leave to appeal - ss337, 361, 363, 366, 462, 497 & 498 Sustainable Planning Act 2009 - held: primary judge took irrelevant considerations into account when exercising discretion contained in s497- application for extension of time should be granted - significant injustice to applicant in its refusal warranting granting of leave to appeal - appeal allowed.
Driesen
|
MJ Arthurs Pty Ltd v Portfolio Housing Pty Ltd [2015] QCA 86
Court of Appeal of Queensland
Gotterson and Philippides JJA & A Lyons J
Construction contract - appellants appealed against finding by primary judge as to time at which respondents’ entitlement to profit share arose under oral agreement between them and appellants - appellants contended entitlement arose in respect of any given construction contract only when contract completed and actual profit could be ascertained - respondents contended entitlement arose when all administration work necessary for procuring it was completed by first respondent’s director - held: primary judge erred in finding respondents’ entitlement to profit share on construction contract arose when first respondent presented it for execution - in order to derive entitlement respondents required to perform tasks and responsibilities after presentation of construction contract for execution and up to point of completion - appeal allowed.
MJArthurs
|
Massey v Smith [2015] QSC 86
Supreme Court of Queensland
Martin J
Wills and estates - succession - executor sought declaration that handwritten document was a codicil to last Will of deceased, and declaration that document created trust of share in property - s18 Succession Act 1981 (QSC) - s96 Trustees Act 1973 - held: evidence did not support finding that document was executed with testamentary intention or any intention it operated as codicil to earlier Will - no trust demonstrated to exist - application dismissed.
Massey
|
Among the Rocks
By Robert Browning
Oh, good gigantic smile o’ the brown old earth,
This autumn morning! How he sets his bones
To bask i’ the sun, and thrusts out knees and feet
For the ripple to run over in its mirth;
Listening the while, where on the heap of stones
The white breast of the sea-lark twitters sweet.
That is the doctrine, simple, ancient, true;
Such is life’s trial, as old earth smiles and knows.
If you loved only what were worth your love,
Love were clear gain, and wholly well for you:
Make the low nature better by your throes!
Give earth yourself, go up for gain above!
Robert Browning |
