Indigo Group & Indigo Projects (Management) Pty Ltd v Gold Coast City Council

[2010] QPEC 105

[2010] QPEC 105

PLANNING AND ENVIRONMENT COURT
JUDGE ROBIN QC
P & E Appeal No 3276 of 2008

INDIGO GROUP	Applicant
and
INDIGO PROJECTS (MANAGEMENT) PTY LTD	Applicant
and
GOLD COAST CITY COUNCIL	Respondent
and
CHIEF EXECUTIVE,	Co-Respondent
DEPARTMENT OF TRANSPORT AND MAIN ROADS
and
APGL (PALM BEACH) PTY LTD	Co-Respondent
BRISBANE
..DATE 15/09/2010
..DAY 1
ORDER
CATCHWORDS

Adjournment of application of third party to become appellant in a developer appeal to allow other parties to consider their attitudes

1-1

HIS HONOUR: The court makes an order in terms of the initialled draft.

Essentially it adjourns this developer appeal for further review on the 8th of October 2010. In case I happen to be the Judge on that day, I will set out now what I think is happening which may be a useful reminder.

The matter likely to be looked at on the 8th of October is an application which was filed on the 13th of September 2010 by a third party applicant, as Ms Kefford appearing for it explained. Her client is Indigo (Palm Beach) Landowner Pty Ltd, which wishes to be substituted as the named appellant in the proceeding. Reference to the title of the proceeding indicates that it refers to two appellants, one of which is Indigo Group, a non-entity, the other of which is a company which is in liquidation and receivership. The co-respondent by election, its name being APGL (Palm Beach) Pty Ltd, is an appropriate party. Ms Kefford has indicated that her client's contention will be that all along it was the true applicant in the relevant development application.

The purpose of the directions made today is to find out what attitudes the other parties take to the application filed on the 13th of September 2010.

Ms Marshall's client, the Chief Executive Officer, Department of Main Roads, is excused from active participation in the proceeding for the moment but may well return to an active role if things so develop that the Department has an interest. Order as per initialled draft. 1-2 ORDER

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1-3 ORDER