Testarossa Group P/L v Brisbane City Council

[2010] QPEC 58

[2010] QPEC 58

PLANNING AND ENVIRONMENT COURT

JUDGE ROBIN QC

P & E Appeal No 3159 of 2008

TESTAROSSA GROUP PTY LTD	Appellant
and
BRISBANE CITY COUNCIL & ORS	Respondent

BRISBANE

..DATE 23/07/2010

ORDER

CATCHWORDS
Non-appearing inactive appellant developer at risk of having appeal dismissed for want of prosecution

HIS HONOUR:  I will adjourn the appeal to 20 August 2010 when the respondent may make returnable an application for dismissal of the appeal for want of prosecution if so advised.

That order is made in circumstances where the appellant company has not appeared.  On the last mention on 12 March 2010, a Mr Fiorello appeared to represent it, seeking that six months be allowed to permit engagement of legal representation for the appellant in this appeal, which is against refusal of a reconfiguration application. 

...

HIS HONOUR:  His Honour Judge Rackemann on 12 March 2010 allowed only to a reduced extent the indulgence sought, fixing a review for 23 June 2010.  There is a subsequent endorsement on the file, unfortunately out of order, showing an adjournment by the Registrar of the application by consent to today.

The appeal was commenced on 10 November 2008.  The lack of progress is unsatisfactory.  In my opinion, the appellant is and should be at risk of having the proceeding dismissed for want of prosecution.  That ought to be made clear to it as the terms of the order made will do.  No doubt those terms will be communicated to it by the respondent council and via communication from the court which I direct should be sent.

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