Dawson v Chief Executive, Department of Natural Resources [2002] QLC 2

[2002] QLC 2 LAND COURT BRISBANE 21 January 2002 Re: Appeal against Water Resources Act 1989 (A2001-0188) Aubrey W Dawson v. Chief Executive, Department of Natural Resources DECISION ON COSTS On 4 January 2002 the respondent filed in the Land Court Registry an application to have the appeal struck out. The application was based on a number of grounds, which it is not necessary to repeat here. On receipt of this application, I decided that it was desirable to conduct a Direction Hearings by telephone/teleconference, to enable the future conduct of the proceedings to be determined. The teleconference was set down for Wednesday 9 January 2002 at 2.30pm. However, counsel for the appellant, Mr A Wrenn did not attend at the teleconference and could not be contacted by the Deputy Registrar of the Land Court. The teleconference was therefore adjourned until Thursday 10 January 2002 at 2.30pm. On that day, Mr Wrenn was present, and the respondent was represented by Mr K Fisher. Mr Wrenn apologised to the court for his absence on the previous day. He said that when he and the Deputy Registrar had discussed Wednesday 9 January, at 2.30 as a possible time for the Directions Hearing, he had understood that the time would be confirmed after the Deputy Registrar had ascertained that it was suitable to the respondent. Mr Wrenn heard nothing further. Mr Fisher made an application that the appellant pay costs fixed at $250.00 of the respondent for preparation for attendance by himself and his client at the original teleconference. It appears that there was a genuine misunderstanding by Mr Wrenn as to the nature of the arrangement made with him by the Deputy Registrar. The Deputy -- 1 of 2 -- 2 Registrar regarded the time as confirmed, Mr Wrenn thought that it was to be confirmed. The Court has a discretion as to whether to order costs. Given the circumstances described above, I have decided that there should be no order as to costs in respect of the first teleconference. CAC MacDONALD MEMBER OF THE LAND COURT -- 2 of 2 --