ABC Developmental Learning Centres v Brisbane City Council & Ors [2007] QPEC 121

1 [2007] QPEC 121 DISTRICT COURT CIVIL JURISDICTION JUDGE ROBIN QC P & E Application No BD3656 of 2006 ABC DEVELOPMENTAL LEARNING CENTRES Applicant and BRISBANE CITY COUNCIL First Respondent and ANNABEL L STEVENS Second Respondent and JOHN HEYTMAN AND ROBYN HEYTMAN Third Respondents and RICHARD C BEHAN AND JOAN E BEHAN Fourth Respondents and CHARLES EDWARD COX AND DOROTHY MARIE COX Fifth Respondents and ALFRED CROWLEY AND WINIFRED CROWLEY Sixth Respondents and ALEXANDER JAMES DOUGLAS AND Seventh Respondents SUSAN MARY DOUGLAS and KENNETH VICTOR GILLING AND Eighth Respondents GLENYS JOY GILLING and GEORGE MacLEAN ERROL OFFNER Ninth Respondent and -- 1 of 3 -- 2 ORDER 1 10 20 30 40 50 60 ROBERT LESLIE THOMAS AND Tenth Respondents DENISE FRANCIS THOMAS BRISBANE ..DATE 07/02/2007 ORDER -- 2 of 3 -- 3 ORDER 1 10 20 30 40 50 60 HIS HONOUR: This matter will be adjourned to the 8th of March 2007. It has unusual complications in that what is sought involves variation of conditions set by an order of this Court's predecessor made in the 1980s. There were submitters or objectors concerned then who played a part and the applicant wishes to be careful to ensure any person who participated then in such a way as to be entitled to be heard on the current application, which is to extend by an hour both morning and evening the operating hours for a childcare centre, have that opportunity. It seems that some in the class have disappeared and may even be deceased. The Council is glad to have additional time to consider its attitude to the application. It is not yet possible for the applicant to be confident that it has located all of those potentially entitled to be heard. A considerable number have been served on dates leading up to the 21st of January this year. None of those served have taken any step to become involved in the proceeding, nor did any of them appear when it was called outside Court this morning. ----- -- 3 of 3 --