Behrendorff v Staples & Ors [1992] QMW 31

IN THE WARDENS COURT OF QUEENSLAND HELD AT MAREEBA. BEFORE: WILLIAM SAMUEL CHRISTENSEN, ESQUIRE, WARDEN. IN THE MATTER OF: APPLICATION BY AN OBJECTOR FOR COSTS ARISING OUT OF THE RECOMMENDATION OF THE WARDENS COURT IN THE MATTER OF MINING LEASE APPLICATION NUMBER 10110 IN THE CHARTERS TOWERS MINING DISTRICT. APPLICANT: DOUGLAS WILLIAM BEHRENDORFF. OBJECTORS: DENNIS HENRY STAPLES. PETER ROBERT ANSELL and DIANE JOYCE ANSELL. KELLIE ANNE GARDINER. KEVIN JAMES SCOTT. THURINGOWA CITY COUNCIL. ORDER. The hearing of the Mining Lease Application and the Objections took place in the Wardens Court at Charters Towers on the 11th March, 1992 and 22nd April, 1992. A recommendation for grant of the Mining Lease was made in the Court at Mareeba on 30th April, 1992. The hearing of Application for costs was adjourned to 12th August, 1992. On the 11th March, 1992 Mr. B. Wherry Solicitor for the Applicant appeared. Appearances were also entered for the Thuringowa City Council by Mr. J.R. Robinson, Solicitor for the Council and Mr. M. Drew of Counsel, instructed by Nehmer Davenport Dean and McKee, Solicitors for the other Objectors. The Applicant did not attend to give evidence and Mr. Wherry was unable to call other evidence in support of the Application. The Application was adjourned to the 22nd April, 1992 and the Objectors given leave to apply for costs of the adjournment. On the 12th August, 1992 Mr. Wherry appeared and informed the Court that agreement had been reached to pay the costs of the Thuringowa City Council in the sum of $1,000.00 for 11th March, 1992. I order that the Applicant pay the Thuringowa Shire Council the sum of $1,000.00 costs. Mareeba [1992] QMW 31 -- 1 of 2 -- 14 August 1992 Warden -- 2 of 2 --