Allan v Fraser Coast Regional Council (No. 2)
[2013] QLC 29
•24 May 2013 [Ex tempore]
LAND COURT OF QUEENSLAND
CITATION: Allan & Ors v Fraser Coast Regional Council (No. 2) [2013] QLC 29 PARTIES: Blodwen Patricia May Allan, Esther Ann Allan and Donna Rebecca Allan
(applicants)v.
Fraser Coast Regional Council
(respondent)FILE NO: AQL627-11 DIVISION: General Division PROCEEDING: Application to adjourn the hearing DELIVERED ON: 24 May 2013 [Ex tempore] DELIVERED AT: Brisbane HEARD ON:
24 May 2013
HEARD AT: Brisbane MEMBER: PA Smith ORDER: 1. The hearing of the applicants’ application for adjournment of the final hearing scheduled to commence on Monday, 3 June 2013 be adjourned until 10.00am on Monday, 27 May 2013 in Court 40, Level 8, 363 George Street, Brisbane.
2. The respondent is to provide the applicant with a short form statement as to the quantum of costs that it will incur in the event of the applicants’ request for adjournment of the hearing being granted.
3. It is sufficient for purposes of service for Notices, Orders, documents and related material to be served as between the parties by email at the addresses as provided to the Court for the respective parties.
CATCHWORDS: PRACTICE & PROCEDURE ― application for adjournment of imminent hearing ― cost applications ― unrepresented litigants not aware of consequences of application
PRACTICE & PROCEDURE ― address for service following withdrawal ― accepted by applicants that difficulties exist in contacting them ― service by email deemed sufficient
APPEARANCES: Ms Esther Allan for the applicants
Mr Anderson of Counsel instructed by Allens for the respondent
[An oral application to adjourn the matter was made by Ms Allan immediately after the matter of Thynne & Macartney being withdrawn from the record was dealt with. The application was strongly opposed by the respondent.
Ex tempore reasons were then delivered.]
Earlier today, I dealt with the application by Messrs Thynne & Macartney, the then solicitors for the applicants, to withdraw as the solicitors on the record.
After giving the matter due consideration and hearing from the parties and also directly from the applicant, Ms Esther Allan, I granted the leave as sought by Messrs Thynne & Macartney. In consequence of that application, Ms Allan, who represents both herself and the other applicants, has brought an application that the hearing of this matter, which is listed for hearing due to commence on Monday, 3 June 2013, be adjourned.
The application for an adjournment is strongly opposed by Mr Anderson for the respondent.
In hearing from the parties with respect to the application for the adjournment, I have become concerned that Ms Allan, who does not have legal qualifications, has been somewhat overwhelmed by the situation in which she has found herself today. Further, even though she is attempting to engage other lawyers at this late hour, it was apparent that she was not overly aware of the consequences of her seeking an adjournment, in particular, the consequences of a costs order that would in normal circumstances necessarily flow against the applicants in the event that the application for an adjournment was allowed.
In the circumstances of this matter, I consider it appropriate, given the imminent hearing of the matter and inspection of the property in the Maryborough area, that I adjourn the application by Ms Allan until next Monday, 27 May 2013, in order for a number of things to occur.
During this period, Ms Allan would have the opportunity to speak in greater detail to her proposed new solicitors, as well as Senior Counsel previously engaged, Mr Hinson, as to their availabilities for the future conduct of the hearing. Also, she would be able to consider further the current position of offers which I understand are being exchanged between the parties with a view to settling the matter. Ms Allan would also be able to take into account the costs that would be associated with any adjournment of the hearing and so be in a better position to weigh the advantages or disadvantages to her and to the applicants of having the matter proceed, or the adjournment occur.
To further this, I request the solicitors for the respondent to prepare, in short form only, an estimation of the costs to be thrown away by the respondent in the event that an adjournment is granted.
I direct that the short form assessment of costs be provided to the applicants via the address for service, which I will shortly deal with, by no later than 9.00 am on Monday, 27 May 2013. I would hope it would be earlier than that, but I am being a realist, so that is at least an hour before the hearing of the application continues on next Monday, 27 May 2013. The applicants would then have the list of figures and be able to proceed on that basis.
There is also an issue regarding the exchange of material between the parties, and given the withdrawal of the solicitors, Mr Anderson has set out the difficulties that his client has experienced in the past with service of documents, and in this regard, Ms Allan has conceded that communications at times are difficult.
In the circumstances that the parties find themselves in, for present purposes, I order that service as between the parties may be made good by delivery of material to their email addresses as provided to the Court by the respective parties.
Orders
1.The hearing of the applicants’ application for adjournment of the final hearing scheduled to commence on Monday, 3 June 2013 be adjourned until 10.00am on Monday 27 May 2013 in Court 40, Level 8, 363 George Street, Brisbane.
2.The respondent is to provide the applicant with a short form statement as to the quantum of costs that it will incur in the event of the applicants’ request for adjournment of the hearing being granted.
3.It is sufficient for purposes of service for Notices, Orders, documents and related material to be served as between the parties by email at the addresses as provided to the Court for the respective parties.
P A SMITH
MEMBER OF THE LAND COURT
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