Leda Holdings Pty Ltd v Caboolture Shire Council

[2005] QCA 465

[2005] QCA 465

COURT OF APPEAL

LEDA HOLDINGS PTY LTD	Applicant/Appellant
(ACN 001 404 557)
and
CABOOLTURE SHIRE COUNCIL	First Respondent/Respondent
and
JEANFERN PTY LTD	Second Respondent/Respondent
(ACN 068 435 941)
and
STATE OF QUEENSLAND	Third Respondent/Respondent
BRISBANE ..DATE 09/12/2005

McMURDO P

Appeal No 7501 of 2005

ORDER on the 6th of September 2005 against an order made on the 26th of July 2005. A timetable was issued in respect of the application on the 15th of September.

The respondent, Jeanfern Pty Ltd, has not provided an outline. It was due on the 21st of November. The other respondents have either provided an outline or indicated that they will not be taking part in the appeal.

The respondent, Jeanfern Pty Ltd, has advised the Registry that because of the sale of the property, it could not provide an outline and they told the Registry that that was the reason for the delay. However, the sale occurred, as I understand it, in 2004. So that, in itself, was not sufficient reason for them, whilst they remained an active party to the application, not to file and comply with the outline.

Now, Mr Byrom has placed on record his position and has served as soon as possible, and that application will be heard in the New Year.

indicated that he intends to file an application to be joined
as a party to the appeal. The applicant has indicated that it
will be opposing that application and, for that reason,
...
THE PRESIDENT: The matter will continue but in the manner I
have said. It will be listed for hearing probably in late
March. The parties are to follow the directions of the Senior
Deputy Registrar (Appeals), and the respondent, Jeanfern Pty
Ltd, is to pay the costs of today's hearing.

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