Trend v Booth

Case

[2003] QSC 38

25 February 2003


SUPREME COURT OF QUEENSLAND

CITATION:

Trend v Booth & Anor. [2003] QSC 038

RAMSAY JOHN TREND
(applicant/plaintiff)
v
KATRINA LAURA BOOTH

(first defendant)
ALLIANZ AUSTRALIA INSURANCE LIMITED (FORMERLY MMI GENERAL INSURANCE LIMITED)
(second defendant)

FILE NO/S:

S10053 of 2001

DIVISION:

Trial Division

PROCEEDING:

Application pursuant to Ch 13 Part 6
Decision on papers without oral hearing

ORIGINATING COURT:

Supreme Court Brisbane

DELIVERED ON:

25 February 2003

DELIVERED AT:

Brisbane

HEARING DATE:

24 February 2003

JUDGE:

White J

ORDER:

Adjourn the application

CATCHWORDS:

Uniform Civil Procedure Rules 1999, Ch 13, Pt 6

COUNSEL:

SOLICITORS:

McCullough Robertson for the applicant/plaintiff
McInnes Wilson for the respondents/defendants

  1. The applicant, who is the plaintiff in the proceedings, sought an order by application on the papers pursuant to Pt 6 of Ch 13 of the Uniform Civil Procedure Rules 1999 that the signature of the defendants to the request for trial date be dispensed with and the proceeding be placed on the call-over list with allocation of a trial date.

  1. The return date for the application was 24 February 2003.  After the respondents had been served with the application and supporting material the request for trial date was returned signed.  By a facsimile transmission of 24 February 2003 the defendants’ solicitors notified the registrar of the court that the defendants agreed to pay the applicant/plaintiff’s costs of and incidental to the application on the standard basis.  In that circumstance the parties seek to have the application adjourned to the registry and accordingly that order is made.

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