Cairns City Council v Xontan Pty Ltd [2001] QSC 192

tate f{C/94 eporting ureau Transcript of Proceedings L--; bvO\ I"'/ .\ Queensland Government .._, __________ S:::, Department of Justice and Attorney-General 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 No 12 of 1999 CAIRNS CITY COUNCIL and XONTAN PTY LTD CAIRNS .. DATE 14/03/2001 JUDGMENT :z.oo, Plaintiff Defendant 1 4Th Floor The Law Courts Complex. George Street Brisbane Q. 4000. Telephone: /07) 3247 4360. Facsimile: !07\ 3247 5532 -- 1 of 3 -- 14032001 D.l T4/KEW M/T CNSl/2001 (Jones J) HIS HONOUR: In this matter I am informed, and I accept the assuran~e_Qf__g<2_11nsel for each ~p3 rty that the documentary exhibits, included in Exhibit 2, tendered before me, disclose a prima facie case for the declarations which the plaintiff asks that I make. The defendant by its counsel also informs me that it proposes to lead no evidence contrary to that prima facie case. In those circumstances I make the following declarations: 1) That at no time has the defendant had an agreement with the plaintiff to sublease the special lease, the subject of this proceeding, and; 2) That the defendant has no interest in that special lease. By consent, I make the following orders: Do you wish me to make orders? Or just simply adjourn the matter to settlement? MR AMERENA: I think it's sufficient for your Honour just to adjourn it to the settlement list. I don't require the settlement to become part of the papers unless your Honour does. HIS HONOUR: Okay, very well. Having made those declarations 20 by consent, I adjourn the matter to the settlement list. And 30 I make no order as to costs. 2 JUDGMENT -- 2 of 3 -- 14032001 D.l T4/KEW M/T CNSl/2001 (Jones J) MR DENTON: If your Honour pleases. MR AMERENA: __ Thank you. MR RYALL: Thank you. HIS HONOUR: Yes, well congratulations gentlemen in reaching that agreement. I'm sure everyone will be pleased to see the end of such long running litigation. Yes, thank you. 10 MR DENTON: Thank you, your Honour. MR AMERENA: Thank you, your Honour. 3 JUDGMENT -- 3 of 3 --