Wickham Developments Pty Ltd v B M Culley & Associates Pty Ltd

[2001] QCA 168

[2001] QCA 168

COURT OF APPEAL

McPHERSON JA
THOMAS JA
MACKENZIE J

Appeal No 9114 of 2000

WICKHAM DEVELOPMENTS PTY LTD
(ACN 010 915 027)  Respondent/Appellant

and

B M CULLEY AND ASSOCIATES PTY LTD          First Applicant/
  First Respondent

and

BMC SPECIAL PROJECTS PTY LTD
(ACN 068 478 102)  Second Applicant/
  Second Respondent

BRISBANE

..DATE 01/05/2001

ORDER

McPHERSON JA:  This is an application for leave to appeal against a decision of the Chief Judge of the District Court. Mr Fraser appears for the respondent which was successful in the Court below.  On the matter being called on, there was no appearance from the first applicant B M Culley and Associates Pty Ltd or the second applicant B M C Special Projects Pty Ltd. 

In those circumstances, Mr Fraser, for the respondent, has asked that the application for leave be struck out.  In my view it is proper to make that order on the material as we have it and in the light of the events that have taken place, and I would order that the application be struck out with costs.

THOMAS JA:  I agree.

MACKENZIE J:  I agree.

McPHERSON JA:  The order is that the application is struck out with costs.

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