Court of Appeal

LQ Management Pty Ltd & Ors v Laguna Quays Resort Principal Body Corporate & Anor [2014] QCA 122 (13/11664) Muir JA and Atkinson and Dalton JJ 27 May 2014

Full-text: QCA14-122.pdf

Catchwords

APPEAL AND NEW TRIAL APPEAL GENERAL PRINCIPLES RIGHT OF APPEAL WHEN APPEAL LIES ERROR OF LAW WHAT IS GENERALLY where the first respondent is the principal body corporate incorporated by registration of an initial plan of subdivision for a resort where the second respondent is the primary thoroughfare body corporate incorporated by registration of a plan of subdivision where the first appellant is the manager of the commercial aspects of the resort where in trial division proceedings it was ordered by consent that questions regarding voting entitlements within the primary thoroughfare body corporate be the subject of prior determination whether subsequent stages of the development came about through amendments to the initial scheme or through the approval of subsequent stages whether the primary judge erred in finding that subsequent stages of the development came about through amendments to the initial scheme whether the primary judge erred in finding that changes in voting entitlements could take place without registration of the plans