Comiskey Group v Moreton Bay Regional Council & Ors [2011] QPEC 53

1-1 [2011] QPEC 53 PLANNING AND ENVIRONMENT COURT JUDGE ROBIN QC P & E Appeal No 2852 of 2010 COMISKEY GROUP Appellant and MORETON BAY REGIONAL COUNCIL & OTHERS Respondents BRISBANE ..DATE 25/02/2011 ORDER CATCHWORDS Planning and Environment Court Rules 2010, r 16 Consent order in developer appeal authorising withdrawal of commercial rival's election to be a co-respondent also of its submissions against the development proposal. -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: The court makes an order in terms of the initialled draft. It's unusual, in my experience, being made by consent of the affected parties who are the appellant developer and a commercial rival submitter which had elected to join in the appeal as a co-respondent. By rule 16 of the Planning and Environment Court Rules 2010, where an active party desires to withdraw notice has to be given to the other parties who are allowed 14 days to make applications of their own. If there is such an application that puts on hold the withdrawal. The appellant has achieved, thanks to the agreement of Mr McKinnon's client, a possible advantage in the fourth co-respondent by election’s not only withdrawing from the appeal but also withdrawing its submission against the development. That's the effect of the consent order which also spells out that the withdrawal of notice of election takes effect as from today. ----- -- 2 of 2 --