Davies & Ors v Bundaberg Regional Council

[2010] QPEC 82

[2010] QPEC 82

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 323 of 2008

GRANT DAVIES & ORS	Appellant
and
BUNDABERG REGIONAL COUNCIL	Respondent

BRISBANE

..DATE 02/09/2010

ORDER

CATCHWORDS

Court and respondent Council concerned at appellant's inactivity

HIS HONOUR:  Very little has happened since the appeal started in 2008.  The application for directions required by the Planning and Environment Court Rules has not been made.  The respondent Council, which does not bear responsibility for that, is anxious to have the matter progress and listed it today with a view to something being achieved.

Mr O'Brien tells the court that the Council are not at this moment seriously pursuing the notion of having the appeal struck out for want of prosecution, which now happens from time to time in the court, and he says he may have a different attitude if progress cannot be achieved on the adjourned date.

Unfortunately, this morning, his opposite number, who was also expected to participate in the hearing telephonically, is indisposed.  Mr O'Brien considerately proposes an adjournment and those are the circumstances in which it occurs.  The court is concerned as much as the Council is that nothing appears to be happening, although informed by Mr O'Brien that without prejudice negotiations have occurred during the currency of the proceeding.

So, adjourn to 16 September 2010.

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