An appeal for an extension of their development application has been dismissed for 75 Port Douglas Rd Pty Ltd, the company behind the ultra-luxury Fairmont Resort planned for the old Havana site.

The company was originally granted the permit by Douglas Shire Council in 2008. Extended twice, the appeal against Douglas Shire Council centred on the company’s desire for the permit to be extended until January 2026.

Citing a range of factors including the company’s interest in alternative sites for the development, the appeal was dismissed by Queensland’s Planning and Environment Court on August 20 on several grounds including the Appellant’s failure to file material in relation to the case in line with the dates set by the court.

The court exonerated the Appellant’s solicitor on the delay, noting the solicitor advocate’s observations that the relevant director of the Appellant is otherwise engaged responding to an ASIC investigation. There is no evidence to suggest that the delay is caused by anyone other than the Appellant.

The reference to the Australian Securities and Investment Commission’s (ASIC) may refer to its investigation into Keystone Asset Management. Paul Chiodo was a director of Keystone until May 27 this year. He was ordered to hand in his passport in June.