The Court of Appeal allowed the appeal by consent after the Local Government Legislation (Validation of Rates and Charges) Amendment Act 2018 (Qld) retrospectively validated rates and charges levied by local governments notwithstanding the absence of a budget meeting resolution, thereby overriding the primary judge's declaration of invalidity. The Court did not determine whether the primary judge's decision was correct on the law as it stood at the time, but held that because an appeal is by way of rehearing, the present law — including the validating legislation — must be applied. An indemnity certificate was granted to the respondent under s 15 of the Appeal Costs Fund Act 1973 (Qld), the Court accepting the respondent's case below was fairly arguable notwithstanding the consent disposition.
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