Blue Eagle (Rural) Pty Ltd v Scenic Rim Regional Council

[2010] QPEC 97

[2010] QPEC 97

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

No 1975 of 2010

BLUE EAGLE (RURAL) PTY LTD	Applicant
and
SCENIC RIM REGIONAL COUNCIL	Respondent

No 1212 of 2007

BLUE EAGLE (RURAL) PTY LTD           Appellant

and

BEAUDESERT SHIRE COUNCIL                  Respondent

BRISBANE

..DATE 15/09/2010

ORDER

CATCHWORDS

Directions for conduct of two appeals made with a reservation for the protection of parties in a third proceeding that had been ordered to be heard with one of them

HIS HONOUR:  I'll make the orders.  What I suggest is adding to paragraph 5 of 1975/10 and paragraph 2 in the order in 1212/07, "Subject to the Court notifying the parties that an earlier review is required..."

...

HIS HONOUR:  In each of these matters, 1975 of 2010 and 1212 of 2007 at the request of the parties, the court makes an order in terms of the initialled draft which has the effect of vacating orders to lead to hearings in the October pool. 

The reason presented to the court for that change to the arrangements is that it's anticipated that in Prelate Investments v Scenic Rim Regional Council (2552 of 2006), determinations may well be made that resolve the two proceedings before the court today.

I've amended the draft orders to provide for an earlier review than the 29th of October 2010 which is what the parties envisage and that's because an order has been made in 1212 of 2007 on the 23rd of April that it be heard with 3278 of 2008.  It would be unfortunate if what happens this morning when that file is not before the court should complicate the anticipated progress in that one.

Neither Ms George nor Mr Beech is able to assist the court with how things stand in it although she confirms that her

firm is acting - so it may be appropriate for the Court to have the parties back to sort all this out.

Order as per initialled draft in each.

‑‑‑‑‑