JL Holdings Pty Ltd v State of Queensland [1998] FCA 220

FEDERAL COURT OF AUSTRALIA STATUTES - construction of - Land Act 1962 (Q) ss 343, 345 - whether discretion remaining after approval - Acts Interpretation Act (Qld) 1954 ss 4 and 23(1); Cth 1901, s 33(1)) - power to reconsider ESTOPPEL - in connexion with discretions or powers to be exercised - characterisation as operational/policy decisions- whether may operate when not substantially hindered ESTOPPEL - requirements of - quality of representation - reliance - continuous state of affairs FRAUD - requirements of - whether case as pleaded - whether damage follows NEGLIGENCE - in connexion with exercise of statutory powers - whether duty of care - representations on serious matter - whether continuing duty to warn - misrepresentation of legality of action BREACH OF STATUTORY DUTY - requirements of duty - right to have the duty performed - intended ground of liability MISFEASANCE IN PUBLIC OFFICE - duty to perform - requirement of malice or knowledge - dishonesty STATUTORY DEFENCES - ss 24(10) Land Act 1962 (Q) - bona fide attempt to give effect to legislation - duty VARIATION - of lease terms approved by Minister - further terms agreed not approved - effect on claims based on lease - whether remedy available. LEASE - effect in equity - statutory provision withholding validity AGREEMENT FOR LEASE - parties to - undisclosed principal - trustee as agent AGENCY - local authority agent - trustee of Crown lands - whether agency consistent with statutory scheme - authority to be inferred - undisclosed principal INDUCEMENT TO BREACH AGREEMENT - intention to harm - act constituting repudiation - reckless indifference BREACH OF LEASE - agreement by estoppel - quality of representations - implied terms - same facts to establish estopped and implied terms. LOSS AND DAMAGE - loss of commercial opportunity - calculation of hypothetical profits - contingencies - whether viable - contingency of exercise statutory power - reliance damage - wasted expenditure