Dexus Wholesale Property Ltd v Townsville City Council; Bushland Grove Pty Ltd v Townsville City Council [2012] QPEC 76

1-1 [2012] QPEC 76 PLANNING AND ENVIRONMENT COURT JUDGE ROBIN QC P & E Appeal No 4580 of 2011 DEXUS WHOLESALE PROPERTY LTD Appellant and TOWNSVILLE CITY COUNCIL Respondent P & E Appeal No 624 of 2011 BUSHLAND GROVE PTY LTD (TRADING AS MOUNT LOW DEVELOPMENTS) (ACN 131 841 953) Appellant and TOWNSVILLE CITY COUNCIL Respondent BRISBANE ..DATE 31/10/201 ORDER CATCHWORDS Appeal - directions given in accordance with agreement of all parties that existing directions be amended - experts required to meet in conclave required access to confidential economic material - further disclosure ordered of such material - "Fielder Gillespie" order made to preserve confidentiality of it - no need for parties to make formal application or to produce material (except to show consent) or to appear -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: Directions were given on the 28th of September 2012. Email communications sent to my associate reveal that, in the course of meetings of experts, it has become appropriate for disclosure to be made in order to enable the experts - economic experts, in particular - to comply with the direction made requiring them to meet in conclave. The parties have managed to agree on the terms of an appropriate Fielder Gillespie order to preserve confidentiality in respect of the material appropriate to be disclosed. It's convenient for the Court to indulge the parties without requiring any greater formality of process or even attendance in court. I'll mark Exhibit 1 the bundle of email material which indicates the consent of all parties to my making the order. ADMITTED AND MARKED "EXHIBIT 1" HIS HONOUR: I will sign two copies of the draft order proffered and make orders accordingly, one in each proceeding. ----- -- 2 of 2 --