Beinefelt v Wilson [1994] QSC 226

d. 3G-?>1 se 94/ ;).d-b 'I! 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.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION MACKENZIE J NO 697 of 1993 IRIS ESTHER BEINEFELT and BRIAN TREVOR WILSON BRISBANE .. DATE 27/07/94 ORDER 1 ' REVISED COPIES ISSUED StatG Reporting Bureau Date/b I R' I Plaintiff Defendant ,...... --- ·--- - -- 1 of 3 -- 270794 sbd (Mackenzie J) HIS HONOUR: There has been an application for an adjournment of the trial for circumstances which are already clearly enough shown on transcript. It is a case where it would be inappropriate to force the matter to a hearing today, however the matter has been listed as a speedy trial and the plaintiff is ready to proceed. The question of the continuing participation of a previous solicitor was raised prior to trial and that is one of the reasons why the matter has not proceeded to finality by now. The alternative to an adjournment to a fixed date is that the matter would have to go back on to the callover list and presumably be delayed for several months. The Senior Judge Administrator has indicated that there is room in the list next Wednesday for the trial to resume. A resumption of the trial then would give time in my sittings to finish it. I'm mindful that the defendant, who is not in any way personally responsible for what has happened, and the present solicitor should not be prejudiced in the conduct of the proceedings, but it seems to me, as presently advised, and knowing what the case is broadly about, I consider that an adjournment to next Wednesday ought to be sufficient time to allow proper preparation for trial, given the stage of preparation that the matter had reached. There will, of course, be the ordinary right to apply for an adjournment should anything untoward happen between now and next Wednesday. However, I would indicate that as in applications for adjournment at this stage of the matter, it would need to be backed by material that persuaded me that good cause had been shown for a further ORDER 2 10 20 30 40 50 60 -- 2 of 3 -- 270794 sbd (Mackenzie J) adjournment. So, the order that I will make is that the trial will be adjourned until next Wednesday, 3 August 1994. I reserve, as I have said, the questions of costs that have so far arisen. I also indicate to the parties that if progress should be made with negotiations and a settlement achieved, I would be obliged to know as soon as possible. ORDER 3 10 20 30 40 50 60 -- 3 of 3 --