Torts
The Beach Club Port Douglas Pty Ltd v Page [2005] QCA 475; [2006] 1 Qd R 307; (2005) 143 LGERA 180; (2005) Aust Torts Reports 81-823; BC200510860
Torts – where economic or financial loss – defendant objected to development application of plaintiff developer and lodged appeal in the Planning and Environment Court against the council decision granting the development permit – plaintiff claimed damages for ‘negligence’ – plaintiff alleged that defendant had breached duty of care not to appeal without properly or reasonably assessing whether the development qualified for a permit – circumstances where person may lawfully and deliberately cause economic harm to another – whether, apart from malicious prosecution, a duty of care in negligence is owed by a litigant for negligent conduct of litigation that causes loss to the plaintiff - Integrated Planning Act 1997 (Qld), s 4.1.10, s 4.1.11, s 4.1.23, s 4.1.28(1)(b), Planning and Environment Court Rules 1999 (Qld), r 3(2) r 20(2)(b) Uniform Civil Procedure Rules 1999 (Qld), r 149(1)(b), r 171(1)(a), r 293.
The Beach Club Port Douglas Pty Ltd v Page [2005] QCA 475; [2006] 1 Qd R 307; (2005) 143 LGERA 180; (2005) Aust Torts Reports 81-823; BC200510860
Torts – where economic or financial loss – defendant objected to development application of plaintiff developer and lodged appeal in the Planning and Environment Court against the council decision granting the development permit – plaintiff claimed damages for ‘negligence’ – plaintiff alleged that defendant had breached duty of care not to appeal without properly or reasonably assessing whether the development qualified for a permit – circumstances where person may lawfully and deliberately cause economic harm to another – whether, apart from malicious prosecution, a duty of care in negligence is owed by a litigant for negligent conduct of litigation that causes loss to the plaintiff - Integrated Planning Act 1997 (Qld), s 4.1.10, s 4.1.11, s 4.1.23, s 4.1.28(1)(b), Planning and Environment Court Rules 1999 (Qld), r 3(2) r 20(2)(b) Uniform Civil Procedure Rules 1999 (Qld), r 149(1)(b), r 171(1)(a), r 293.
