John Ware (led by Jeffrey Hunter KC) represented the First Co-respondent by Election, instructed by HopgoodGanim Lawyers.
The proceeding related to an appeal against the respondent’s decision to refuse a development application and variation request.
The primary issue concerned an application in pending proceeding seeking an order that the appeal be stayed or alternatively adjourned for 12 months on grounds that fact finding through the appeal, would cause forensic prejudice in parallel criminal proceedings concerning alleged unlawful uses of the subject land commenced by the Second Co-Respondent by Election.
It was accepted that there was substantial overlap between issues on appeal and the criminal proceedings, with a real risk of forensic prejudice. The Court however declined to grant a blanket adjournment, in favour of first exploring potential case management measures pursuant to their obligations under s 10 of the Planning and Environment Court Act 2016 (Qld).
The matter was listed for further mention on 2 April 2026.
The judgment can be read by clicking here
