Brisbane City Council v Mitchell Ogilvie Menswear

[2001] QCA 494

[2001] QCA 494

COURT OF APPEAL

de JERSEY CJ
DAVIES JA
MACKENZIE J

Appeal No 6726 of 2000

BRISBANE CITY COUNCIL                Appellant (Respondent)

and

MITCHELL OGILVIE (MITCHELL
OGILVIE MENSWEAR) AND ORS                  First Respondent (Appellant)

and

FRESION PTY LTD           Second Respondent (Co-Respondent)

Appeal No 6740 of 2000

FRESION PTY LTD                   Appellant (Co-Respondent)

and

MITCHELL OGILVIE (MITCHELL OGILVIE
MENSWEAR) AND ORS              First Respondent (Appellant)

and

BRISBANE CITY COUNCIL        Second Respondent (Respondent)

BRISBANE

..DATE 08/11/2001
ORDER

THE CHIEF JUSTICE:  Well, one should say, "Until after the termination of any application to the Planning and Environment Court as referred to in paragraph 2 or further order" and then (2) should read, "should Fresion Proprietary Limited apply to the Planning and Environment Court for such relief as it may be advised to seek including an order under that in respect of the development application subject of these proceedings, then Fresion will report to the Registrar in writing at such intervals or times as the Registrar may require as to the progress of such application."  Then the last will become paragraph 3.  Is that right?

DAVIES JA:  Yes, that sounds‑‑‑‑‑

THE CHIEF JUSTICE:  Is that all right?

DAVIES JA:  Because you have got a right to do that.

THE CHIEF JUSTICE:  We do not give you liberty to make the application.  We adjourn this to facilitate your doing that  that being your intention.   Order as per draft amended in that way.

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