Swoss Pty Ltd v Dinlee Pty Ltd & Olds

[2010] QDC 49

[2010] QDC 49

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 548 of 2009

SWOSS PTY LIMITED (ACN 010 170 546)

Plaintiff

and

DINLEE PTY LTD (ACN 089 280 400)

and

LEE OLDS

Defendant

Defendant

BRISBANE

..DATE 15/02/2010

ORDER

CATCHWORDS

Uniform Civil Procedure Rules

Defendant's signature of request for trial date dispensed with - indemnity costs ordered

HIS HONOUR:  The court makes an order in terms of the initialled draft.

It dispenses with signature of the request for trial date by any party other than the plaintiff.  It's desired to proceed only against the second defendant Lee Olds, the understanding being that the other defendants are impecunious.  That, indeed, may be the case in respect of Ms Olds as well. 

She hasn't appeared when called but the Court has received as Exhibit 1 a copy of an e-mail from Harrick Lawyers, the solicitors representing her, that advises that their client "does not oppose the application."

In the circumstances, it is not a difficult matter for the Court to include in the draft order which has been signed a provision for indemnity costs to be paid by Ms Olds, that relief having been sought in the application.

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