Blue Eagle (Rural) Pty Ltd v Scenic Rim Regional Council [2010] QPEC 97
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[2010] QPEC 97
PLANNING AND ENVIRONMENT COURT
JUDGE ROBIN QC
No 1975 of 2010
BLUE EAGLE (RURAL) PTY LTD Applicant
and
SCENIC RIM REGIONAL COUNCIL Respondent
No 1212 of 2007
BLUE EAGLE (RURAL) PTY LTD Appellant
and
BEAUDESERT SHIRE COUNCIL Respondent
BRISBANE
..DATE 15/09/2010
ORDER
CATCHWORDS
Directions for conduct of two appeals made with a reservation
for the protection of parties in a third proceeding that had
been ordered to be heard with one of them
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HIS HONOUR: I'll make the orders. What I suggest is adding
to paragraph 5 of 1975/10 and paragraph 2 in the order in
1212/07, "Subject to the Court notifying the parties that an
earlier review is required..."
...
HIS HONOUR: In each of these matters, 1975 of 2010 and 1212
of 2007 at the request of the parties, the court makes an
order in terms of the initialled draft which has the effect of
vacating orders to lead to hearings in the October pool.
The reason presented to the court for that change to the
arrangements is that it's anticipated that in Prelate
Investments v Scenic Rim Regional Council (2552 of 2006),
determinations may well be made that resolve the two
proceedings before the court today.
I've amended the draft orders to provide for an earlier review
than the 29th of October 2010 which is what the parties
envisage and that's because an order has been made in 1212 of
2007 on the 23rd of April that it be heard with 3278 of 2008.
It would be unfortunate if what happens this morning when that
file is not before the court should complicate the anticipated
progress in that one.
Neither Ms George nor Mr Beech is able to assist the court
with how things stand in it although she confirms that her
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firm is acting - so it may be appropriate for the Court to
have the parties back to sort all this out.
Order as per initialled draft in each.
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Official source: https://www.sclqld.org.au/caselaw/QPEC/2010/097