Parsons v Redland City Council

[2010] QPEC 85

[2010] QPEC 85

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 3391 of 2009

MALCOLM LIONEL PARSONS	Appellant
and
REDLAND CITY COUNCIL	Respondent

BRISBANE

..DATE 02/09/2010

ORDER

CATCHWORDS
Developer's conditions appeal - appellant failed to formalise compromise his solicitors with Council which they believed acceded with his instructions - solicitors intent on withdrawing, but had not yet carried out steps required by Uniform Civil Procedure Rules - proceeding adjourned to permit solicitors to apply for withdrawal, if still appropriate, and Council to apply for orders.
 

HIS HONOUR:  This appeal is adjourned to 23 September 2010.

It is in an untidy state at present.  The explanation given to the court for that is that the appellant is not providing his solicitors on the record with appropriate instructions.

It is a conditions appeal which from the point of view of the Council was resolved some time ago when it accepted an offer coming from the appellant's side.

The court accepts that his solicitors on the record who are here through the presence of Ms Nichols this morning proceeded on the basis of what they were confident were his instructions. He has failed to comply with their requirements, so far as getting the compromise into a more formal and final form is concerned. In those circumstances, Ms Nichols' firm are intent on withdrawing. She accepts that for this purpose, if that is to be done without the cooperation of the appellant, it will be necessary to go through the processes of sending him a notice under rule 990 of the UCPR.

Discussions with him, the court hears, suggest that it may be that during the three week adjournment period he files a notice under rule 986(2) indicating either that he is acting in person or that he has new representation.

On the adjourned date, it may be that he is faced by some application of the Council to bring matters to a head and it may be that if the appellant's solicitors are still his solicitors on the record they have got an application ready for leave to withdraw.

Adjourn to 23 September 2010.

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