Lamb v Brisbane City Council & Anor [2007] HCATrans 589 (4 October 2007)

Last Updated: 9 October 2007

[2007] HCATrans 589

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Brisbane No B30 of 2007

B e t w e e n -

JOY LAMB

Applicant

and

BRISBANE CITY COUNCIL

First Respondent

JANIS STEPHENS

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 4 OCTOBER 2007, AT 9.36 AM

Copyright in the High Court of Australia

HEYDON J: The Court of Appeal of the Supreme Court of Queensland (Keane JA, Holmes JA and Wilson J) held that, in circumstances where the applicant failed to make a "development application (superseded planning scheme)" within a particular two year period, there was no statutory power to excuse non-compliance under s 4.1.5A of the Integrated Planning Act 1997 (Q). In consequence of the default the applicant has lost an opportunity to receive compensation as a result of her house being entered on the Heritage Register.

If special leave were granted, we are not convinced that the applicant would have reasonable prospects of demonstrating error in the processes of statutory construction which the Court of Appeal applied to the complex State legislation involved in this case. Accordingly, special leave is refused. The application is dismissed with costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave. I publish the disposition signed by Justice Kirby and myself.

AT 9.37 AM THE MATTER WAS CONCLUDED