Deen v Brisbane City Council

[2011] QPEC 39

[2011] QPEC 39

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 294 of 2008

ABDUL DEEN and SAMSUN DEEN	Appellants
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 11/03/2011

ORDER

CATCHWORDS

Uniform Civil Procedure Rules r 991

Where appellants' solicitors are granted leave to withdraw, court is concerned that the respondent not be disadvantaged by being deprived of continuing means of contact

HIS HONOUR: The court has made an order in terms of the initialled draft which grants Robert Milne Legal leave to withdraw as solicitors for the appellants pursuant to rule 991 of the UCPR. Ms Nicholls' affidavit establishes that the steps required by the UCPR which would justify granting the leave have been taken.

The court often has a concern in the interests of other parties in such circumstances to do what it can to ensure that a useful means of contacting the other party is specified.  Ms Mitchell for the Council respondent doesn't have particular concerns at the moment, anticipating that contact details for the appellants will be supplied by Robert Milne Legal.

The appeal has been on the backburner for some time awaiting the outcome of some other appeals which the court has recently resolved in accordance with compromises reached by the parties.  It's anticipated that this one will now be brought back to life and proceed to conclusion but with the appellants engaging new legal representation, unfortunately, that hasn't yet been engaged for this proceeding.

In addition to leave being granted to withdraw as sought by Ms Nicholls the appeal is ordered to be mentioned on the 31st March 2011, appearances required by both parties on that day.  Order as per initialled draft.

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