Brisbane City Council v. Windshuttel

[2010] QPEC 106

[2010] QPEC 106

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1635 of 2007

BRISBANE CITY COUNCIL	Applicant
and
LARRY JOHN WINDSHUTTEL AND OTHERS	Respondents

BRISBANE

..DATE 16/09/2010

..DAY 1

ORDER

CATCHWORDS

Sustainable Planning Act 2009, s 599 (sic) Uniform Civil Procedure Rules r 926

Application to have respondent dealt with for breach of court orders made by consent, adjourned to allow personal service - respondent's awareness of application seemed to be clear

HIS HONOUR:  I'll adjourn the application filed on the 30th of

June 2010 for an order, sought pursuant to section 599 (sic)

of the Sustainable Planning Act 2009, and rule 926 of the UCPR

to the 30th of September 2010.

That order is made under unusual circumstances.  It seeks to

have the first respondent, Larry John Windshuttel, dealt with

for civil contempt for his failure to ensure his compliance

within the time allowed by taking steps required by a consent

order of Judge Searles made on the 8th of March 2010.

The applicant/Council doesn't claim to have effected personal

service of this application, but other steps have been taken.

In particular, there was contact with Mr Windshuttel's

solicitor who appeared in an application before Judge Searles

when Mr Windshuttel was also present.

It's clear, I think, that Mr Windshuttel knows about the

application, and indeed today is but the latest of the dates

on which a hearing has been fixed.

His son has attended today to report that his father (the

respondent) is seriously ill, and has been confined to his bed for some months.  He's here at the request of his mother.  As it happens, he bears the same name as the first respondent.

It will be helpful to the Council to have him here as he might

be prepared to offer some assistance to Mr Godfrey in respect

of effecting personal service before the 30th of September

2010 when the matter comes on again, but it remains to be seen

whether anything will happen in that regard.

Nothing is happening today except that it is going off to the

30th of September.  I don't know whether Mr Godfrey will be

able to work anything out.

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