Brisbane City Council v Mitchell Ogilvie Menswear & Ors [2001] QCA 494

1 [2001] QCA 494 COURT OF APPEAL de JERSEY CJ DAVIES JA MACKENZIE J Appeal No 6726 of 2000 BRISBANE CITY COUNCIL Appellant (Respondent) and MITCHELL OGILVIE (MITCHELL OGILVIE MENSWEAR) AND ORS First Respondent (Appellant) and FRESION PTY LTD Second Respondent (Co-Respondent) Appeal No 6740 of 2000 FRESION PTY LTD Appellant (Co-Respondent) and MITCHELL OGILVIE (MITCHELL OGILVIE MENSWEAR) AND ORS First Respondent (Appellant) and BRISBANE CITY COUNCIL Second Respondent (Respondent) BRISBANE ..DATE 08/11/2001 ORDER -- 1 of 2 -- 08112001 T1/JAP22 M/T COA 271/2001 2 ORDER THE CHIEF JUSTICE: Well, one should say, "Until after the termination of any application to the Planning and Environment Court as referred to in paragraph 2 or further order" and then (2) should read, "should Fresion Proprietary Limited apply to the Planning and Environment Court for such relief as it may be advised to seek including an order under that in respect of the development application subject of these proceedings, then Fresion will report to the Registrar in writing at such intervals or times as the Registrar may require as to the progress of such application." Then the last will become paragraph 3. Is that right? DAVIES JA: Yes, that sounds----- THE CHIEF JUSTICE: Is that all right? DAVIES JA: Because you have got a right to do that. THE CHIEF JUSTICE: We do not give you liberty to make the application. We adjourn this to facilitate your doing that that being your intention. Order as per draft amended in that way. ----- -- 2 of 2 --