Cairns Property Development Pty Ltd v Madrigal Cairns Pty Ltd & Anor [2001] QSC 360

State· Reporting Bureau / , >COi. 36o ~0/'o.~ ,~~( -~ Queensland Government -~-- 'V 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 Claim No 140 of 2000 CAIRNS PROPERTY DEVELOPMENT PTY LTD and MADRIGAL CAIRNS PTY LTD and RICHARD JAMES WILLIAM PIPER CAIRNS .. DATE 07/09/2001 JUDGMENT 1 Plaintiff First Defendant Second Defendant 4Th Floor The Law Courts Complex George Street Brisbane Q. 4000 Telephone: (07) 3247 4360 Facsimile: (07) 3247 5532 -- 1 of 2 -- 07092001. T4/MC8 M/T CNSl/2001 (Jones J) HIS HONOUR: This is an application on the part of the plaintiff for interlocutory judgment based on the plaintiff's non-compliance to provide disclosure, as was ordered. By order made in this court on 9 July 2001, the first and second defendants were required to provide disclosure within 14 days of that date. Despite the terms of that order having been made known to the defendants through their solicitor, (Kosmin & Associates once had a town agent in Cairns acting on their behalf,) the last communication from the defendants' legal advisers was to the effect that the town agent had been instructed not to respond to any further requests from the plaintiff's solicitors. I am satisfied that this application has been served appropriately on the defendants and an affidavit to that such service was filed here on 4 September 2001. In the absence of any explanation as to why the court order has not been complied with, it seems to me that the plaintiff ought to be 20 allowed the benefit of the relevant Rule, namely 374. I propose to enter judgment in favour of the plaintiff which will be an interlocutory judgment for damages to be assessed. The defendants, of course, will have the opportunity in accordance with the rules to apply to have the judgment set aside if they are so advised. I will make orders in terms of the draft initialled by me and placed with the papers. 2 JUDGMENT 30 -- 2 of 2 --