Lockyer Valley Regional Council Dismissal of appeal
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McCullough Robertson has achieved success in both the Supreme Court and Court of Appeal on behalf of our client Lockyer Valley Regional Council (Council).
The case involved a judicial review challenge to the rating categories imposed by Council for the 2015 financial year.
The Appellant was the operator of a local shopping centre that argued the land should not be included in the Shopping Centre category.
The primary challenge on appeal related to Council’s adoption of Land Use Codes as part of the description of rating categories and whether a separate resolution was needed. The Court found that Council adopted the Land Use Codes as part of the series of budgetary resolutions and did not need a separate resolution approving those codes.
The result provides certainty to Council and has delivered a favourable outcome in respect of a dispute lasting over two years.
For further information see: Council rating category resolutions upheld by the Queensland Court of Appeal