By JONATHON HOWARD
IN MAKING his ruling Judge Michael E. Rackemann said he accepted that the issues litigated by the Noosa Council were bona fide matters of town planning relevance and public interest.
“I have however, also had regard to the other matters to which I have referred to, particularly the appellant’s success, the strength of its case and the corresponding weakness of the council’s case and the circumstance that that was readily apparent in the context of the advices and warnings the council received, not just when the development application was refused contrary to advice, but including at the time it chose not to accept a settlement proposal recommended by its own representative at the mediation (at a time when, had the proposal been accepted, it would have been protected from an adverse costs order) and at all material times thereafter,” Judge Rackemann said in handing down his final ruling.
