Blacks Beach Cove No 2 Pty Ltd v. Mackay Regional Council

[2010] QPEC 108

[2010] QPEC 108

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1201 of 2010

BLACKS BEACH COVE NO 2 PTY LTD	Appellant
and
MACKAY REGIONAL COUNCIL & ANOR	Respondent

BRISBANE

..DATE 17/09/2010

ORDER

CATCHWORDS

Appellant's request for one month's delay in appeal hearing refused at this stage

HIS HONOUR:  In appeal 1201 of 2010, the court makes an order in terms of the initialled draft.

The parties have indicated that once the court's views about appropriate directions in that proceeding became known, corresponding directions orders would be prepared in appeals 1202, 1156 and 1157 of 2010 and 211 of 2009 in which I understand the appellant is the co-respondent.  The rival developer is Hawkhaven Pty Ltd.

Two companies are promoting rival shopping centre developments at Blacks Beach, Mackay.  It is considered that there is a need for one only.

Both companies are professing an attitude of wishing to get the appeals on for hearing.  However, Blacks Beach Cove No 2 Pty Ltd, represented by Mr Lyons of Counsel, considers that the timing has now become too tight for the parties to be able to achieve a hearing in the November pool which has been fixed by existing court orders.

The delay requested is only a month.  Essentially, that appears to be taken up by an extra three weeks allowed for experts to meet and report jointly and then, if they wish to, separately.

The court ought to note Mr Lyons' attitude for the purpose of protecting his client's position in the future, should his judgment about overoptimism prove well-founded.
He has not persuaded me today that it is necessary to change the existing directions to the extent of taking the matter out of the November pool.

Order as per initialled draft in this matter; there is an expectation that in the other files similar orders will be initialled when drafts are made available to me.

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