Simonds Homes Pty Ltd v Porteous

[2010] QCAT 304

CITATION: Simonds Homes Pty Ltd v Porteous [2010] QCAT 304

PARTIES:	Simonds Homes Pty Ltd
v
Mr Angus and Mrs Nerine Porteous

APPLICATION NUMBER:   BD476-09

MATTER TYPE: Building matters

HEARING DATE:     Decision on the papers

HEARD AT:  Brisbane

DECISION OF: Peta Stilgoe

DELIVERED ON: 30 June 2010

DELIVERED AT:      Brisbane

ORDERS MADE:

The applications for leave for legal representation filed:

a)    filed 22 November 2009;

b)    filed 22 January 2010; and

c)    filed 4 February 2010.

are dismissed.

CATCHWORDS :  Application for leave for legal representation – where application withdrawn – where no submissions filed.

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers in accordance with section 32 of the

Queensland Civil and Administrative Tribunal Act 2009

REASONS FOR DECISION

1. Both parties have filed applications for leave to be legally represented. On 17 February 2010, in a review before the President, the parties agreed that they would not be legally represented at a compulsory conference set down for 15 April 2010. On 4 March 2010, the parties agreed to defer filing submissions about legal representation until after the compulsory conference.

2. On 5 May 2010, Porteous withdrew their application for legal representation on the basis that Simonds had indicated that it, too, would not seek legal representation.

3. On 19 May 2010, the tribunal directed that Simonds file and serve any submissions in relation to legal representation by 21 June 2010 and that Porteous file their submissions by 28 June 2010. Simonds did not file any submissions. Porteous has filed submissions opposing the grant of legal representation to Simonds. 

4. Although the tribunal appreciates the assistance given by Porteous’ lawyers, it is not necessary to decide the issue. It is implicit in Simonds’ failure to file and serve submissions, in light if the correspondence of 5 May 2010, that it does not want to press the application for legal representation. I do not propose to decide an issue that is no longer of interest to the parties.

5. To formalise the parties’ positions though, I dismiss the applications for legal representation:

a)filed by Simonds on 22 November 2009;

b)filed by Simonds on 22 January 2010;

c)filed by Porteous on 4 February 2010.