Maidment Holdings P/L v Townsville City Council

[2006] QDC 99

[2006] QDC 099

DISTRICT COURT

CIVIL JURISDICTION

JUDGE RACKEMANN

No BD1165 of 2006

MAIDMENT HOLDINGS PTY LTD TRADING AS MAIDMENT DEVELOPMENTS	Applicant
and
TOWNSVILLE CITY COUNCIL	Respondent

BRISBANE

..DATE 28/04/2006

ORDER

HIS HONOUR:  This matter has been filed in Brisbane, as indeed has the somewhat related appeal.  Whilst the Court is often sympathetic to requests to transfer a matter for hearing to the local government area in which the matter originates, the policy reasons underlying that are stronger in the case of appeals being heard on their merits, than in respect of declaratory proceedings regarding the lawfulness of conditions, which are often resolved by reference to the affidavit material and oral argument.  In this case the parties are represented by barristers who are in Brisbane.

Mr Bain pointed out that it cannot be assumed that the affidavit material would not result in a requirement to cross-examine witnesses who are not based in Brisbane and that difficulties may arise as a result thereof.  However, at this stage, it seems to me that it would be appropriate to make the directions which are requested by the applicant.  

If, when the affidavit material is filed and exchanged, it becomes evident that there will be a need for cross-examination which cannot be done by telephone, but requires cross-examination of a witness present in Court, and if that creates manifest inconvenience, then of course, the respondent would be at liberty to apply to transfer the forum at that stage, but at this stage, I am minded to make the directions as requested by the applicant.

...

I order as per the amended draft initialled by me and placed with the papers.

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