Evans & Anor v Thuringowa City Council [2000] QPEC 33

IN THE PLANNING AND ENVIRONMENT COURT AT TOWNSVILLE QUEENSLAND (Before CF Wall QC, DC.JI [ALLAN EVANS and ANOR v TOWNSVILLE CITY COUNCIL) IP&E Appeal No. 94/00) BETWEEN: ALLAN EVANS & ANOR THURINGOWA CITY COUNCIL JUDGMENT Delivered: 12 May 2000 Applicants Respondent Catchwords: BUILDING CONTROL AND TOWN PLANNING - TOWN PLANNING - COSTS - failure of local authority to comply with s4. 1.40(2) IPA - order for costs against local authority - s4.1.23( I )(e), (i) IPA Appearances: Solicitors: Hearing Date: Mr Morton (sol) - applicants Mr Woosnam (sol) - respondent Wilson Ryan and Grose for the applicants Townsville City Solicitor for the respondent 12 May 2000 -- 1 of 3 -- -= State Reporting Bureau 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. PLANNING AND ENVIRONMENT COURT JUDGE CF WALL QC Appeal No 94 of 2000 ALLAN EVANS and VIVIEN EVANS and TOWNSVILLE CITY COUNCIL TOWNSVILLE .. DATE 12/05/2000 ORDER 1 REVISED COPIES ISSUED State Reporting Bureau Date 12/05/2000 Appellants Respondent 4Th Floor, The Law Courts Complex, George Street, Brisbane Q. 4000. Telephone: (07)3247 4360. Facsimile: (07) 3247 5532 I -- 2 of 3 -- 12052000 Tl/DLD M/T TSVDC7054 (Wall DCJ) HIS HONOUR: The notice of appeal was filed on 7 April and according to section 4.1.40, the respondent was required to give the information requested as soon as practicable. I am not satisfied that it was given as soon as practicable, Mr Woosnam, and I am not satisfied that a sufficient excuse has been provided for non-compliance with section 4.1.40(2) and in those circumstances I think that the appellants have incurred costs because the Council has defaulted in procedural requirements and further, that default has meant that the Council has not properly discharged its responsibilities the proceedings. For those reasons, I order that the respondent Council pay the applicant's costs of and incidental to the application to be taxed if not agreed. Otherwise, the application is dismissed. 2 ORDER 10 20 ; II I J -- 3 of 3 --