Davies v Bundaberg Regional Council [2010] QPEC 100

1-1 [2010] QPEC 100 PLANNING AND ENVIRONMENT COURT JUDGE ROBIN QC P & E Appeal No 323 of 2008 GRANT DAVIES AND OTHERS Appellants and BUNDABERG REGIONAL COUNCIL Respondent and BRISBANE ..DATE 16/09/2010 ..DAY 1 ORDER CATCHWORDS Integrated Planning Act 1997, s 4.1.23 Where appellants have been inactive and respondent Council wishes to advance the appeal - Council's costs reserved to "raise the stakes" and encourage appellants to do something -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: What I'm going to do is raise the stakes here. Essentially, it’s a situation where the appellants are driven to request an adjournment of the matter. It's granted until the 7th of October 2010 which is what the appellants have requested. Under the legislation, that puts the appellants in the situation where they are at risk of being ordered to pay costs occasioned by the adjournment. I'm going to reserve the respondent/Council's costs occasioned by this adjournment. The least the court can do for the Council is put the appellants in a position where they know that unless they do what the Planning & Environment Court Rules require and seek directions from the court for the orderly progress of the appeal towards a resolution in the court, they are at risk of orders for costs being made under s 4.1.23 of the Integrated Planning Act 1997. Also, for what it's worth, they're at risk of having the proceeding dismissed for want of prosecution. The appellants are entitled to some understanding because of indisposition of the solicitor acting, but the stage has been reached, I think, where a sterner approach has to be taken so that things start to happen. Nothing happened at or consequent upon a mention (by telephone) on 2 September 2010. Mr O’Brien appearing for the Council has fairly informed the court that he was in Brisbane from Bundaberg today on account of another matter. ----- -- 2 of 2 --