Sucrogen Ltd v Burdekin Shire Council & Austcane Pty Ltd

[2012] QPEC 56

[2012] QPEC 56

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 1229 of 2011

SUCROGEN LIMITED	Appellant
and
BURDEKIN SHIRE COUNCIL and AUSTCANE PTY LTD	Respondents

BRISBANE

..DATE 28/09/2012

ORDER

CATCHWORDS

Whether next mention of proceeding should be at an earlier on later date where parties harboured varying degrees of optimism as to how long assembling relevant material will take - concern that unproductive appearances may waste costs - later date scheduled with ability to advance it once information is available

HIS HONOUR:  Adjourn the appeal for its next mention to the 7th of December 2012, provided that should the co-respondent provide the information required by experts engaged jointly and details of changes desired to be made to its development proposal (this to be established by written confirmation to the Registrar from the co-respondent) there be an earlier mention on 7 November 2012. 

That is done on the basis that the appellant is becoming concerned about the costs burden that it may bear if there should be a series of appearances without useful progress being achieved in the proceeding because things necessary to be done to advance it haven't occurred.

Mr Kevin for the Council indicates that from its point of view the time is coming in this appeal when considerations of that kind will be important.

In the circumstances it seemed to me appropriate to allow the longer time, as Mr Favell for the appellant proposes, he taking a non-optimistic view as to how quickly the
co-respondent could get ready rather than the approach advanced by Mr Job for the co-respondent, which desires to keep things moving more rapidly.

The court is not really in a position to pronounce at this stage on the genuineness of his client's assertion of difficulties in coming up with the information which is required in what is obviously a fairly complex development application.  The court is told that the parties have a common understanding about what is to be provided.

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