Smits v Pine Rivers Shire Council; Tendiris Pty Ltd v Pine Rivers Shire Council (No 2)

[2009] QPEC 88

[2009] QPEC 88

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

No 1313 of 2003

LEONARDUS GERARDUS SMITS

Appellant

and

PINE RIVERS SHIRE COUNCIL AND OTHERS

Respondents

No 4569 of 2004

TENDIRIS PTY LTD

and

PINE RIVERS SHIRE COUNCIL AND OTHERS

Appellant

Respondents

BRISBANE

..DATE 26/08/2009

ORDER

CATCHWORDS: 

Further mention of consolidated appeals ordered, notwithstanding stay of appeals until appellants have the same legal representation

HIS HONOUR:  The Court makes an order in terms of the
initialled draft which expands on an indulgence allowed to the appellants in the form of a mention being set down for today, notwithstanding that the Court has ordered that the consolidated proceedings be stayed until there's a single set of legal representation for the appellants.

The parties agreed that the stay ought to be qualified again by allocation of another mention date to review how things are working out.  That will be the 26th of November 2009.

Mr Pitman announces his appearance for both appellants today and also draws attention to his firm being on the record for the appellant in appeal BD1313 of 2003, which the draft order I'm initialling assigns as the file number of the consolidated proceeding.

Mr Skoien's client, the Council, which prepared the draft order showing two appellants continues to harbour concerns that "ducks and drakes" may still be being played here.  It may well be that if things aren't resolved in the appellants' camp satisfactorily within the next three months the Court will think it appropriate to issue directions identifying the parties' legal representation, addresses for service and the like.  Mr Skoien has made clear his client's position that if things remain unresolved it is likely that the Council have an application to have the appeal struck out for want of prosecution returnable on that date of 26 November 2009.

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