Neo Lido Pty Ltd v Brisbane City Council

[2005] QPEC 83

[2005] QPEC 083

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 4754 of 2004

NEO LIDO PTY LTD	Appellant
and
BRISBANE CITY COUNCIL	Respondent

BRISBANE

..DATE 19/08/2005

ORDER

CATCHWORDS: Uniform Civil Procedure Rules r 990, r 911 - leave granted to appellant company: solicitors to withdraw on "eve" of hearing - Supreme Court proceedings to determine the validity of appointment of receiver of the company on foot - orders made therein seriously constrain the directors' entitlement to use company assets

HIS HONOUR: The Court makes an order in terms of the application of Hemming and Hart Lawyers filed yesterday, which grants them leave to withdraw as solicitors on the record for the appellant pursuant to Rule 991 of the UCPR. It is another confirmation that those rules apply in the Planning and Environment Court. Lesley May King's affidavit filed with the application establishes that the steps appropriate to be taken to justify leave have occurred.

The appeal is set down before Judge Griffin next Thursday.  It is in limbo, to an extent.  Mr Harris has appeared today for Mr Hudson and Ms Muller who claim to be receivers of the appellant.  Whether they are established in that role is the subject of Supreme Court proceedings 4975 of 2005 in which Philippides J has reserved her decision.  Exhibit 1 is a copy of an interim order of her Honour, which seriously inhibits the ability of the principals of the appellant to deal with its assets. 

Ms King's advice to the Court is that she anticipates the appellant will be self-represented next Thursday.  Mr Chadwick, appearing for the Council, says it has been unable to prepare for the hearing, for lack of information, which the appellant was expected to provide, to identify the issues.  Unless the matter is resolved in the meantime, he is not expecting the hearing will proceed next Thursday.

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