Norris Clarke and O'Brien Pty Ltd v Gold Coast City Council

[2009] QPEC 22

[2009] QPEC 22

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 16 of 2008

NORRIS CLARKE & OBRIEN PTY LTD (ACN 056 870 770)	Appellant
and
GOLD COAST CITY COUNCIL	Respondent

and

PLAINT CONSULTING PTY LTD             Co-Respondent

BRISBANE

..DATE 01/04/2009

ORDER

CATCHWORDS: Uniform Civil Procedure Rules r 389 - leave to appellant to proceed after delay in excess of a year without giving one month's notice to the other parties.

HIS HONOUR:  The Court has made an order in terms of an initialled draft handed up by Ms Kelson for the appellant. 

The respondent council and co-respondent have not indicated any positive consent to the first paragraph of the order which grants the appellant an indulgence under Rule 389(1) of the UCPR.  It has not given the one month's notice required prior to the filing of this application for directions.

Such notice was necessary as the application for directions was filed on the 16th of March this year, whereas the last step taken following filing of the notice of appeal on the 4th of January 2008 was the council's filing of its entry of appearance on the 21st of January 2008.

Ms Kelson assures the Court that the time has been usefully spent attempting to revise the development application and, in particular, with a view to harmonising things with a quarry operation which takes place next door.  That's what you indicate, isn't it?

MS KELSON:  And some of the council's concerns relating to vegetation and the visual amenity.

HIS HONOUR:  Yes.  There is no strong opposition to the Court granting the indulgence required so that this application for directions can be dealt with today.  The directions proposed haven't attracted any disagreement.  In the circumstances the indulgence should be granted.

I have added to the draft proposed a provision requiring that if no earlier review date has been fixed under paragraph 17 of the initialled draft order, which contemplates a review date being fixed by the Registrar for mediation process, then the matter will be mentioned in any event on the 2nd of October 2009. That detail is there to place the Court in the best position to keep the matter under review by its system of fixed mention dates.

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