Abela v Groom & Ors [1991] QSC 379

TRANSCRIPT OF PROCRr~NGS State Reporting Bureau, 4th F1oor, The Law. Courts, George· Street, BRISBANE, 0 .. 4000 Tel. (07) .227.4360 (Copyright in this transcript is vested in the Crown. Copies thereof must net ·be made. or sold without the written •.. authority /of the Director, State Reporting Bureau.) SUPREME . COURT . OF o·uEENSLAND CIVIL JURISDICTION MACKENZIE J No 1733 of 1991 WILLIAM CHARLES ABELA and ERICK LESLIE GROOM and BETTY LESLIE GROOM and ALAN BERNARD GROOM BRISBANE .. DATE 13/12/91 ORDER 1 ~c.c'-... ·.J~·· REVISED COPIES ,ISSUED . - Cour't Repo~tinq Bu~eau Pate,~/. J),,J qi ·.j . Plaintiff First Defendant Second Defendant Third Defendant -- 1 of 3 -- 10 20 30 40 50 60 131291 ORDER HIS HONOUR: This is an application for amendment of an Order pronounced by me on 18 October 1991. The application is made pursuant to Order 32 r 12, or alternatively, r 13. The circumstances that pertained on the previ,ous · this · is · t~he'. issue that has caused the present proceedings ·,were ·concerned •with the fixing of a date of vacant possession, and in the course of giving my reasons, I expressed the Order in terms that it be in terms of paras A and B of the summons filed on 14 October 1991, except that the date of possession shall be 2 December 1991, and also in terms of para C of the summons. It appears that some confusion has arisen from the terms of that Order, and in particular, whether the Order was intended to be a definite date of 2 December 1991 or .whether it was intended to be 2 December 1991 or such other date as the court may order. The Order, if it had been left in terms of "2 December 1991 or such other date as the Court may Order''., would fairly obviously have been meaningless in the context of the proceedings that were brought in mid October. It was at the time my intention that the date fixed be 2 December 1991. It was not my intention that the date should be contingent upon the possibility that.some other date may be fixed under that application. In other words, what I intended in expressing the order in the way in which it was, was that para B be amended by inserting the date, 2 December 1991, therein, and having the order terminate at r-rwt Printer. Qlrl 2 .1 10 20 30 40 50 60 -- 2 of 3 -- 10 30 40 50 60 131291 ORDER that point. In.. other words, I had intended that the date, 2 December 1991, be substituted for all the words after "on or before". The same applies also to para A to the extent that the same problem may have arisen -in that regard 0 :as well-. -,:-':That think, should clarify the.matter: Govt Print.,.er, _Qld . 3 10 20 30 40 50 60 -- 3 of 3 --