Wilson v Raddatz [2006] QCA 392

The applicant was convicted of a breach of s 4.3.1(1) Integrated Planning Act 1997 (Qld) of starting an assessable development, namely clearing of native vegetation on freehold land without a development permit for the development. He was fined $7,500 and ordered him to pay $62.25 costs of court, and $10,265.33 costs of investigation and prosecution. The District Court appeal from that order was subsequently dismissed, and he filed for leave to appeal from that order in Wilson v Raddatz [2006] QCA 392. He filed lengthy written submissions which were prepared by David Walter for payment, that he should not have been found guilty because the grant in fee simple of his freehold land does not contain a reservation restricting the clearing of the vegetation.

Click to access wilson-v-raddatz-2006-qca-392.pdf

The applicant appealed this decision to the High Court in Wilson v Raddatz [2007] HCATrans 558 and the application was likewise dismissed. 

Click to access wilson-v-raddatz-2007-hcatrans-558.pdf