Brisbane City Council v Bowman

[2012] QPEC 78

[2012] QPEC 78

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1061 of 2012

BRISBANE CITY COUNCIL	Applicant
and
JOHN ALEXANDER BOWMAN AND OTHERS	Respondents

BRISBANE

..DATE 15/11/2012

ORDER

CATCHWORDS

Uniform Civil Procedure Rules r 990

Pre-callover review of Council's application for enforcement orders - respondents' lawyer seeks removal of proceeding from callover list and leave to withdraw, on basis he has no further instructions - circumstances in which both requests refused
HIS HONOUR:  This is a pre-callover review.  The Council applicant which alleges development of fences against the respondents seeks to have the matter remain on the callover list.

Their representative, Mr Gunn, seeks an adjournment of the matter which I take to mean that it not remain on the call‑over earlier next week.  He also seeks that his firm be excused from their present role as legal representative of the respondents.

In my opinion the matter ought to remain on the callover list.  It's been pending in the Court and managed in the usual way for most of the year and it's likely that there's some element of urgency. 

The Council ought not to lose the advantage which it presently has of Mr Gunn's address being the address for service of the respondents.  In those circumstances, and it being shown that the procedures mandated by Rule 90 for withdrawal of solicitors have been gone through, I'm not prepared to informally excuse Mr Gunn's firm.  The only requirement the Court has is the filing of a notice of the appointment of new legal representatives for the respondents, alternatively, notice that they are acting in person.  In either case the Council will get a new address for service.

Mr Gunn is well placed to prepare the necessary documentation for signature by his clients or former clients (he says they're no longer instructing him) and to get that filed.  He's also well placed to threaten them if they don't cooperate with an application for leave to withdraw, the costs of which they are quite likely to find themselves having to pay.

The matter remains on the callover.

‑‑‑‑‑