Corella Rd Dev Pty Ltd v Body Corporate for Gympie Pines Fairway Villas CTS 36509

[2025] QCA 3

Queensland Court of Appeal

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Interrogate

Catchwords

1. Real Property
2. › Strata and related titles
3. › Community titles schemes
4. › Progressive development
5. › Notice requirements
6. › Meaning of 'current development approval for the scheme'
7. › Whether determined by reference to Planning Act currency or community management statement
8. › Body Corporate and Community Management Act 1997 (Qld), s 29
1. Appeal
2. › Leave to appeal
3. › Criminal appeal from District Court
4. › Whether substantial injustice shown
5. › Whether error in construction of statute warrants leave where conviction otherwise supported
6. › District Court of Queensland Act 1967 (Qld), s 118
1. Statutes
2. › Interpretation
3. › Purposive construction
4. › Whether words with apparently clear meaning may bear different legal meaning after construction
5. › Relevance of explanatory notes
6. › Acts Interpretation Act 1954 (Qld), s 14A

Quick Take

'Current development approval for the scheme' in s 29(1)(b)(ii) of the BCCM Act means the development approval current as recorded under the community titles scheme through the community management statement, not a development approval that is valid and effective under the Planning Act at the relevant time.

Case Details

Citation[2025] QCA 3

CourtQCA

JurisdictionQueensland

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Relies on6

2024Robertson v RobertsonQCA 92
2023Corella Rd Dev Pty Ltd v Body Corporate for Gympie PinesQDC 152
2019The Queen v A2; The Queen v Magennis; The Queen v VaziriHCA 35
2017McDonald v Queensland Police ServiceQCA 255
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