Hills District Kitchens (Qld) Pty Ltd v PDA Design Pty Ltd

[2006] QDC 329

[2006] QDC 329

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 1689 of 2006

HILLS DISTRICT KITCHENS (QLD) PTY LTD	Appellant
and
PDA DESIGN PTY LTD	Respondent

BRISBANE

..DATE 08/08/2006

ORDER
CATCHWORDS: Registrar's reference upon failure of respondent to an appeal to file the outline of argument required under the practice direction - circumstances in which Registrar authorised to fix a hearing date.

HIS HONOUR:  This is a Registrar's reference complaining of the respondent's failure to file the requisite outline of argument, as required by the Practice Direction.  The appellant is anxious to get the matter set down for hearing but not before its counsel is ready and available.  In my experience, which does not include any familiarity with the relevant legislative provisions, what the appellant wishes to achieve is novel.  The appeal's against the refusal of an application to a Magistrate for judgment without trial which may or may not be exactly the same as an application under rule 292 according to Mr Lambross.

The contention his client wishes to make is that in the circumstances that pertained the Magistrate had no discretion to refuse the judgment.  He says that other Magistrates have taken that view and that in a matter of this Court the Chief Judge has.  He is prepared to proceed in the absence of any outline of argument from the respondent.  I do not think that is likely to mean that his client has a walk-over victory.

It is likely that any Judge in this Court will be as intrigued about the application which the Magistrate refused as I am.  That is not at all to say that I have made any informed judgment about the merits. 

Ms Hunt of the firm of solicitors on the record for the respondents has obtained leave to read and file an affidavit of hers which indicates that steps under rule 990 have been put in place.  With a view to the firm ceasing to act.  It would not be appropriate for the Court to make any order today given that the respondent's director has been allowed until the end of the week to take some action.  It is rather unusual, indeed surprising, in the circumstances that the respondent is taking such little interest in the appeal.

The orders which have been made already are as follows: 

authorise the Registrar to set the appeal down for hearing notwithstanding that the respondent's outline has not been filed;
adjourn to the date fixed for the hearing the application of the respondent's solicitors for leave to withdraw with liberty granted to them to file an application in that regard returnable earlier.

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