Bell & Anor v Beattie & Ors [2003] QCA 582

[2003] QCA 582 COURT OF APPEAL McMURDO P Appeal No 9982 of 2003 IAN BRUCE BELL (First Applicant/Applicant) and TREVOR JOHN MAHAFFEY (Second Applicant/Applicant) and PETER DOUGLAS BEATTIE (First Respondent/Respondent) and ANNA MARIA BLIGH (Second Respondent/Respondent) and THOMAS ALFRED BARTON (Third Respondent/Respondent) and STEPHEN DOMINIC BREDHAUER (Fourth Respondent/Respondent) and JUNITA IRENE CUNNINGHAM (Fifth Respondent/Respondent) and WENDY MARJORIE EDMOND (Sixth Respondent/Respondent) and MATTHEW JOSEPH FOLEY (Respondent/Respondent) and PAUL THOMAS LUCAS (Respondent/Respondent) and TERENCE MICHAEL MACKENROTH (Resp's by Election/Respondent) and ANTHONY McGRADY Respondent/Respondent) -- 1 of 3 -- 19122003 T8/JJD M/T COA281/2003 and GORDON RICHARD NUTTALL (Respondent/Respondent) and HEINRICH PALASZCZUK (Respondent/Respondent) and MICHAEL FRANCIS REYNOLDS (Respondent/Respondent) and STEPHEN ROBERTSON (Respondent/Respondent) and MERRI ROSE (Respondent/Respondent) and ROBERT EVAN SCHWARTEN (Respondent/Respondent) and JUDITH CAROLINE SPENCE (Respondent/Respondent) and RODNEY JON WELFORD (Respondent/Respondent) and DEAN MacMILLAN WELLS (Respondent/Respondent) BRISBANE ..DATE 19/12/2003 ORDER 2 -- 2 of 3 -- 19122003 T8/JJD M/T COA281/2003 THE PRESIDENT: This matter, like the matter earlier today, involves an appeal which was in fact incompetent, from an order made under Section 48 of the Judicial Review Act 1991. The appeal was filed in time, but leave was required under that section to appeal. The appellants were given good notice of this, orally and in writing, but did not file their application for leave to appeal and the necessary extension of time until 5.00 p.m. on Wednesday last, by which time the matter had for some time been listed for mention today, to tidy up this matter. The appellants were given notice on the 3rd of December advising them that the matter had been listed for mention and why. They were dilatory in attending to it, but they did deal with it finally. In the circumstances, the only orders necessary are that the applicants pay the costs, reasonably incurred, by the respondent, in respect of today's mention, up until 1.00 p.m. Thursday 17 December 2003, to be assessed. ----- 3 ORDER -- 3 of 3 --