Ashton v Stonebridge [2003] QCA 302

[2003] QCA 302 COURT OF APPEAL JERRARD JA Appeal No 2540 of 2003 Appeal No 2541 of 2003 EARL EDWIN ASHTON Respondent/Plaintiff and COLIN ROY STONEBRIDGE Applicant/Defendant BRISBANE ..DATE 18/07/2003 JUDGMENT -- 1 of 3 -- 18072003 T03/SLF1 M/T COA137/2003 2 JUDGMENT 1 10 20 30 40 50 60 JERRARD JA: In this matter I am satisfied that the applicant solicitors, Messrs Amarandos and Company, have complied with the requirements of rule 990. That is, they have, by letter dated 5th June 2003, informed the appellant of their intention to cease acting for him and of the steps he is obliged or requested to take pursuant to rule 990 of the Uniform Civil Procedure Rules. Further, having given him timely notice of that they have, I am satisfied, served him with this application filed 11th July 2003 for leave to withdraw from the record. I am satisfied, from information supplied to me by Mr Gray, of counsel, and from the affidavit read by leave today from George Amarandos, that that application was served by prepaid ordinary post upon the appellant at his residential address at 11 Ira Buckby Road Joyner and that the earlier correspondence to him was addressed to him at his business address of Post Office Box 5497 Brendale Queensland 4500. I order as follows. In each of Appeal No. 2540 and 2541 of 2003, firstly, that Messrs Amarandos and Company be given leave to withdraw from the record, secondly, that the appellant, Colin Roy Stonebridge, pay to Messrs Amarandos and Company the costs of and incidental to this application for leave to withdraw to be assessed on the standard basis. And, thirdly, that all correspondence in this appeal with the appellant, whether by way of service or otherwise, be sent and addressed to him at each of Post Office Box 5497 Brendale -- 2 of 3 -- 18072003 T03/SLF1 M/T COA137/2003 3 JUDGMENT 1 10 20 30 40 50 60 Queensland 4500 and 11 Ira Buckby Road, Joyner, Queensland. Thank you for your assistance. ----- -- 3 of 3 --