Council of the City of Gold Coast v Gold Coast Leisure Services Pty Ltd & Anor (No. 2) [2024] QPEC 16

In the case of Council of the City of Gold Coast v Gold Coast Leisure Services Pty Ltd & Anor [2024] QPEC 16, the Planning and Environment Court of Queensland ruled against the Council of the City of Gold Coast, dismissing their application for declaratory relief and enforcement orders against Gold Coast Leisure Services Pty Ltd and Scott Jonathan Menzies. The case revolved around the long-term use of marina berths by aircraft at Marina Mirage and Mariner’s Cove, which the Council contended was unlawful. The Court found that the Council did not meet its evidential burden and was ultimately entirely unsuccessful. Consequently, the Court ordered the Council to bear the costs of the respondents, noting the proceedings lacked reasonable prospects of success from the start and constituted serious and unjustified trouble and harassment for the respondents. The costs were assessed on a standard basis for a period and on an indemnity basis for another.

Full text: https://archive.sclqld.org.au/qjudgment/2024/QPEC24-016.pdf