ABC Developmental Learning Centres v Brisbane City Council

[2007] QPEC 121

[2007] QPEC 121

DISTRICT COURT
CIVIL JURISDICTION

JUDGE ROBIN QC

P & E Application No BD3656 of 2006

ABC DEVELOPMENTAL LEARNING CENTRES	Applicant
and
BRISBANE CITY COUNCIL	First Respondent
and
ANNABEL L STEVENS	Second Respondent
and
JOHN HEYTMAN AND ROBYN HEYTMAN	Third Respondents
and
RICHARD C BEHAN AND JOAN E BEHAN	Fourth Respondents
and
CHARLES EDWARD COX AND DOROTHY MARIE COX	Fifth Respondents
and
ALFRED CROWLEY AND WINIFRED CROWLEY	Sixth Respondents
and
ALEXANDER JAMES DOUGLAS AND	Seventh Respondents
SUSAN MARY DOUGLAS
and
KENNETH VICTOR GILLING AND	Eighth Respondents
GLENYS JOY GILLING
and
GEORGE MacLEAN ERROL OFFNER	Ninth Respondent
and
ROBERT LESLIE THOMAS AND	Tenth Respondents
DENISE FRANCIS THOMAS	1
BRISBANE ..DATE 07/02/2007

10

ORDER

20

30

40

50

2 ORDER 60

HIS HONOUR: This matter will be adjourned to the 8th of March

1

2007. It has unusual complications in that what is sought
involves variation of conditions set by an order of this
Court's predecessor made in the 1980s. There were submitters
or objectors concerned then who played a part and the

applicant wishes to be careful to ensure any person who	10
participated then in such a way as to be entitled to be heard
on the current application, which is to extend by an hour both
morning and evening the operating hours for a childcare
centre, have that opportunity. It seems that some in the
class have disappeared and may even be deceased.	20
The Council is glad to have additional time to consider its
attitude to the application. It is not yet possible for the
applicant to be confident that it has located all of those
potentially entitled to be heard. A considerable number have	30
been served on dates leading up to the 21st of January this
year. None of those served have taken any step to become
involved in the proceeding, nor did any of them appear when it
was called outside Court this morning.
40

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50

3 ORDER 60