Jensen v Santo

[2001] QLC 110

[2001] QLC 110

 

LAND COURT

BRISBBANE

12 OCTOBER 2001

In the matter of an application by Noel Reginald Martin Jensen pursuant to Section 72(10) of the Sugar Industry Act 1999 seeking enforcement of an (Access Right) Permit to Pass 185 granted by the Sugar Industry Commissioner on 19 September 2001.

Noel Reginald Martin Jensen

v.

Jozeph Santo

D E C I S I O N

On 4 October 2001 an application under s.72(10 of the Sugar Industry Act 1999 was filed in the Land Court Registry, seeking the enforcement of the (Access Right) Permit to Pass 185 issued by the Sugar Industry Commissioner dated 19 September 2001.  The application was made by CJ Cooper & Associates, Solicitors, on behalf of Mr Noel Reginald Martin Jensen on whose behalf the Permit to Pass was granted over the lands held by Mr Jozeph Santo.
           At the request of the applicant, a telephone directions hearing was convened on Tuesday, 9 October 2001.
           After hearing Mr G Egan of Counsel for the applicant and Mr Bill Santo, son of the landowner, the matter was set down for hearing in Bundaberg on 15 October 2001.  In addition, I made the following orders by agreement:

1.   Delivery of affidavit material be made forthwith by the applicant and a copy served on the respondent by facsimile.

2.   Any affidavit material in reply be directed to the applicant's solicitors within two (2) days of receipt of the affidavit material mentioned in Order No. 1.

However, the parties have reached agreement and the enforcement hearing is not now required.
           Following receipt of facsimile copies of letters from the solicitors for both the applicant and the respondent requesting that I make orders by consent, under the provisions of Rule 44(1) of the Land Court Rules 2000, I have considered the facsimile letters filed in the Court by the solicitors for the parties and consider that the orders sought are appropriate.
           Accordingly, under the provisions of Rule 44 of the Land Court Rules 2000, with the consent and agreement of the parties, I order that:

1.The respondent comply with the (Access Right) Permit to Pass 185 issued by the Sugar Commissioner dated 19 September 2001.

2.The respondent do all such things as reasonably necessary to allow the applicant to exercise the applicant's rights under the Access Right subject to the conditions of the Access Right.

3.The respondent pay the applicant's costs in the agreed amount of Two Thousand Seven Hundred and Fifty Dollars ($2,750) within fourteen (14) days.

In accordance with Rule 44(3) of the Land Court Rules 2000 I order that this consent judgment be filed in the Land Court Registry and that the Registrar notify the parties of the orders made.

JJ TRICKETT
PRESIDENT OF THE LAND COURT