A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Daily Construction
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Executive Summary (One Minute Read)
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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 |
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
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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
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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 |
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