Marshall v Department of Transport

[2002] QLC 51

LAND COURT OF QUEENSLAND

CITATION:  Marshall v Department of Transport [2002] QLC 51

PARTIES:  Melville Robert Marshall

(claimant)

v

Director-General, Department of Transport

(respondent)

FILE NO:  A1992-0077

DIVISION:  Land Court of Queensland

PROCEEDING:  Hearing of Application

DELIVERED ON:  27 June 2002

DELIVERED AT:  Brisbane

HEARD AT:  Brisbane

MEMBER:  Mr RP Scott

ORDER:  1.  The engineering experts for the parties file a joint statement of their agreement/disagreement by 28 June 2002.

2.The claimant file and serve on the respondent, any further reports from its hydraulic experts arising out of the videos of the physical model, including a shortened video (if it wishes), on or before 3 July 2002.

3.The hydraulic experts for the respondent file and serve any additional report, if necessary, in response to and arising out of the reports from the claimant's hydraulic experts (covering areas of disagreement only) by 17 July 2002.

4.The hydraulic experts for the parties meet to agree and       disagree any further issues, especially regarding the physical model videos, by 18 July 2002.

5.The hydraulic experts for the parties file a joint statement of their agreement/disagreement by 19 July 2002.

6.Costs be reserved.

IN THE LAND COURT

OF QUEENSLAND

A1992/0077

BETWEEN:

Melville Robert Marshall

and   Director General, Department of Transport

Claimant

Respondent

Before Mr RP Scott BRISBANE

The Twenty-seventh day of June 2002

The parties having been heard and by consent of the parties, the Court vacates the orders numbered 5 to 9 made on 1 May 2002 and in lieu thereof makes the following ORDERS:

1.The engineering experts for the parties file a joint statement of their agreement/disagreement by 28 June 2002.

2.The claimant file and serve on the respondent, any further reports from its hydraulic experts arising out of the videos of the physical model, including a shortened video (if it wishes), on or before 3 July 2002.

3.The hydraulic experts for the respondent file and serve any additional report, if necessary, in response to and arising out of the reports from the claimant's hydraulic experts (covering areas of disagreement only) by 17 July 2002.

4.The hydraulic experts for the parties meet to agree and disagree any further issues, especially regarding the physical model videos, by 18 July 2002.

5.The hydraulic experts for the parties file a joint statement of their agreement/disagreement by 19 July 2002.

6.Costs be reserved.

By the Court

Registrar

2