Blue Thunder Holdings Pty Ltd v. Thompson
[2009] QDC 43
•30 January 2009
[2009] QDC 43
DISTRICT COURT
CIVIL JURISDICTION
JUDGE ROBIN QC
No 2328 of 2005
| BLUE THUNDER HOLDINGS PTY LTD (ACN 108 632 846) | Plaintiff |
| and | |
| GRAEME DOUGLAS THOMPSON and GR8 PUB INVESTMENTS (NO 3) PTY LTD and GR8 PUB SYSTEMS PTY LTD | First Defendant Second Defendant Third Defendant |
BRISBANE
..DATE 30/01/2009
ORDER
CATCHWORDS: Plaintiff company's agent, not a lawyer, presented a draft order for ADR signed by the defendants' solicitors to indicate consent, but with provision for costs deleted - his application for costs said to have been paid to a lawyer to prepare the application documents not acceded to, but adjourned.
HIS HONOUR: The Court makes an order in terms of the initialled draft.
It requires the parties to participate in a mediation before Mr Ashton. The order is made by consent on the basis of Exhibit 1 which is a facsimile communication to Mr Weldon (who appears as the applicant's agent) dated 12th of January 2009.
The communication annexes a copy of the order Mr Weldon seeks but with a paragraph providing for payment by the respondent of the applicant's costs deleted. Mr Weldon is not a solicitor, he tells the Court, but he still wishes to pursue the costs aspect in respect of sums he has paid to a lawyer to get documents prepared. There may or may not be an entitlement to recover those costs. I express no view about it but I'm not prepared to do any more today than add to the provisions that Exhibit 1 indicates consent to orders reserving costs and providing liberty to apply. I do not think that goes beyond the consent.
So, orders as per initialled draft, by consent.
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