McKeering v Western Downs Regional Council

[2010] QPEC 5

PLANNING & ENVIRONMENT COURT OF QUEENSLAND

CITATION:	McKeering & Anor v Western Downs Regional Council & Anor [2010] QPEC 5
PARTIES:
FILE NO/S:
DIVISION:
PROCEEDING:
ORIGINATING COURT:
DELIVERED ON:	3 February 2010
DELIVERED AT:	Brisbane
HEARING DATE:
JUDGE:	Robin QC DCJ
ORDER:
CATCHWORDS:	Directions for conduct of developer appeal made in absence of co-respondent submitters - private mediation (at developer's expense) ordered, given unavailability of court mediation - co-respondent's entitlement to nominate venue acknowledged
COUNSEL:
SOLICITORS:

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 2609 of 2007

PHILLIP BRENDAN McKEERING & ANOR	Appellant
and
WESTERN DOWNS REGIONAL COUNCIL & ANOR	Respondents

BRISBANE

..DATE 03/02/2010

..DAY 1

ORDER

HIS HONOUR:  The Court makes an order in terms of the initialled draft.  Regrettably that occurs in the absence of the first co-respondents by election.  They are opposed to the appellant's proposal for a feed lot.  The matter's been before me on an earlier occasion when an order was made satisfying, but only in part, their desire to have disclosure of a large amount of material, including material which might have revealed the pattern of conditions for feedlots imposed by the constituent local Governments which are now aggregated as the respondent.

The Gilligans' situation is understandable.  They operate what's said to be a very successful tourist home stay resort very close to the proposal.  Mr McCanley, representing the appellants, has been in touch with Mrs Gilligan who he says tells him that she regrets not having arranged a telephone appearance for today's mention.  He tells the Court of his understanding that the Gilligans are willing to go along with the proposal contained in the draft order.

In circumstances of the unavailability of the Court's mediation service a private mediator is proposed to be engaged at the appellants' expense.  It's unsatisfactory to the Court not to have representation of the Gilligans today but in the circumstances the Court is willing to make the order proposed with the addition of liberty to apply in case anyone wants to have the arrangements reviewed.  They provide for a mediation some time in February.

The order doesn't say it but Mr McCanley has told the Court that so far as his clients are concerned the mediation may occur either in Brisbane or in Chinchilla where the relevant sites are located, whichever is more suitable to the Gilligans.  Order as per initialled draft.

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