Brandenburg Investments Pty Ltd v Jim Barlow Cairns P/L & Ors [2003] QSC 461

cot/f^r State Reporting Bureau [aoo3l Oac 45 j Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 16 December, 2003 Claim No 10 of 1998 BRANDENBURG INVESTMENTS PTY LTD IN Plaintiffs ITS CAPACITY AS TRUSTEE OF THE B M & I A B FAMILY TRUST AND MILPERA INVESTMENTS PTY LTD IN ITS CAPACITY AS TRUSTEE OF THE GREG KERN FAMILY TRUST and JIM BARLOW CAIRNS PTY LTD and First Defendants WOLRAB PTY LTD and TREVOR JAMES BARLOW AND MARGARET Second Defendants THERESA BARLOW and BABFOLD PTY LTD Third Defendant and MARK BOULTER Fourth Defendant and WARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal offence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for their protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those categories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 4th Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- JIM BARLOW CAIRNS PTY LTD AND WOLRAB Defendants by PTY LTD counterclaim and B M AND I A BRANDENBURG DEVELOPMENTS First Defendants by PTY LTD IN ITS CAPACITY AS TRUSTEE OF counterclaim THE B M AND I A FAMILY TRUST AND MILPERA INVESTMENTS PTY LTD IN ITS CAPACITY AS TRUSTEE OF THE GREG KERN FAMILY TRUST and BRADLEY MAURICE BRANDENBURG AND Second Defendants by GREGORY JAMES KERN counterclaim CAIRNS .. DATE 08/12/2003 JUDGMENT -- 2 of 3 -- 08122003 Tl/MKB M/T CNS1/2003 (Jones J) HIS HONOUR: This is an application by Gadens Lawyers pursuant to rule 990 of the Uniform Civil Procedure Rules for leave to withdraw as solicitors for the third and fourth defendants. The application ' is to be decided without hearing oral argument . I am satisfied that the third and fourth respondents have been served with the application and supporting material, as appears from the affidavit of Joanna Lucas filed on the 30th of June 2003. The further affidavit of Ms Lucas filed on the 28th of April 2003 details that proper notification has been given to the third and fourth defendants of the application and the applicant's intention to withdraw. The third and fourth defendants have not responded to the relevant notices by appointing new solicitors or by giving notice pursuant to rule 986 of UCPR that they or either of them are intending to act in person. In all the circumstances I grant leave and order that the third and fourth respondents pay the costs of and incidental to this application. My orders will be in terms of the draft initialled by me and placed with the papers. 3 JUDGMENT -- 3 of 3 --