Blue Thunder Holdings Pty Ltd v Thompson & Ors [2009] QDC 43

1-1 [2009] QDC 43 DISTRICT COURT CIVIL JURISDICTION JUDGE ROBIN QC No 2328 of 2005 BLUE THUNDER HOLDINGS PTY LTD (ACN 108 632 846) Plaintiff and GRAEME DOUGLAS THOMPSON and GR8 PUB INVESTMENTS (NO 3) PTY LTD (ACN 109 081 772) and GR8 PUB SYSTEMS PTY LTD (ACN 099 414 918) First Defendant Second Defendant Third Defendant BRISBANE ..DATE 30/01/2009 ORDER CATCHWORDS: Plaintiff company's agent, not a lawyer, presented a draft order for ADR signed by the defendants' solicitors to indicate consent, but with provision for costs deleted - his application for costs said to have been paid to a lawyer to prepare the application documents not acceded to, but adjourned. -- 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 requires the parties to participate in a mediation before Mr Ashton. The order is made by consent on the basis of Exhibit 1 which is a facsimile communication to Mr Weldon (who appears as the applicant's agent) dated 12th of January 2009. The communication annexes a copy of the order Mr Weldon seeks but with a paragraph providing for payment by the respondent of the applicant's costs deleted. Mr Weldon is not a solicitor, he tells the Court, but he still wishes to pursue the costs aspect in respect of sums he has paid to a lawyer to get documents prepared. There may or may not be an entitlement to recover those costs. I express no view about it but I'm not prepared to do any more today than add to the provisions that Exhibit 1 indicates consent to orders reserving costs and providing liberty to apply. I do not think that goes beyond the consent. So, orders as per initialled draft, by consent. ----- -- 2 of 2 --