Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388 (No 2)

[2009] QCA 247

SUPREME COURT OF QUEENSLAND

CITATION:

Gold Coast Commerce Club Inc & Anor v Body Corporate for Surfers Plaza Resort Community Titles Scheme 6388
(No 2) [2009] QCA 247

PARTIES:

GOLD COAST COMMERCE CLUB INCORPORATED
(first plaintiff/first appellant)
CRESTDEN PTY LTD ACN 116 486 670
(second plaintiff/second appellant)
v
BODY CORPORATE FOR SURFERS PLAZA RESORT COMMUNITY TITLES SCHEME 6388
(defendant/respondent)

FILE NO/S:

Appeal No 197 of 2009
Appeal No 577 of 2009
SC No 3451 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeals – Further Orders

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Judgment delivered 21 August 2009
Further orders delivered 28 August 2009

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Keane and Holmes JJA and Mullins J
Judgment of the Court

FURTHER 
 ORDERS:

In Appeal No 197 of 2009:

1. Order 1 in Appeal No 197 of 2009 made on 21 August is vacated

2.   In lieu thereof, it is ordered:
"Appeal allowed to the extent of ordering that the first appellant recover possession of Lot 6 and that part of Lot 35 which it holds as registered lessee and ordering that the second appellant recover possession of that part of Lot 5 not leased to the respondent and of Lot 342."

CATCHWORDS:

PROCEDURE – JUDGMENTS AND ORDERS – AMENDING, VARYING AND SETTING ASIDE – CORRECTION UNDER SLIP RULE – where parties agree to correction of orders under slip rule

Uniform Civil Procedure Rules 1999 (Qld), r 388

COUNSEL:

A J H Morris QC, with C A Wilkins, for the appellants
M D Hinson SC for the respondent

SOLICITORS:

Porter Davies for the appellants
Hynes Lawyers for the respondent

1. THE COURT: By agreement of the parties, pursuant to r 388 of the Uniform Civil Procedure Rules 1999 (Qld), Order 1 in Appeal No 197 of 2009 made on 21 August 2009 is vacated and in lieu thereof, it is ordered:

"Appeal allowed to the extent of ordering that the first appellant recover possession of Lot 6 and that part of Lot 35 which it holds as registered lessee and ordering that the second appellant recover possession of that part of Lot 5 not leased to the respondent and of Lot 342."