Davy & Ors v Transmetro Corporation Ltd [2005] QCA 139

1 COURT OF APPEAL [2005] QCA 139 McMURDO P MUIR J PHILIPPIDES J Appeal No 8480 of 2004 RONALD DAVY AND OTHERS Appellants and TRANSMETRO CORPORATION LIMITED (ACN 001 809 043) Respondent BRISBANE ..DATE 28/04/2005 JUDGMENT -- 1 of 3 -- 2 APPELLANT conducted his own case MR P HAY (instructed by Hillhouse Burrough, McKeown) for the respondent THE PRESIDENT: Now the Court will reserve its decision in this matter and a transcript is required. I propose to direct that the Deputy Registrar, Appeals write to each appellant, other than Mr Davy's companies, informing them that the appeal was heard today, that a transcript has been prepared and is available on payment from the State Reporting Bureau and of the following order: that each appellant other than Mr Davy's companies file and serve within three weeks of today's date a statement as to whether or not they wish to continue with the appeal and whether or not they intend to rely on the submissions made today by Mr Davy; and to file and serve any further or alternative submissions, if any, in support of their appeal. The respondent is to file and serve any response to any further submissions made within one week of the receipt of those submissions. The question of costs, if any, incurred in responding to any appellant's further submissions is reserved. Do you have any submissions in relation to those proposed orders, Mr Hay? MR HAY: No, your Honour, those orders would be acceptable. I can indicate that if the Court needs assistance with obtaining addresses of each of the appellants I do believe my client has addresses. If we do, we're happy to assist. MUIR J: Yes, I was going to raise that because I doubt the -- 2 of 3 -- 3 Court record would disclose the addresses of many of those people. It's either your client or Mr Davy would have the addresses. THE PRESIDENT: Well, there's a schedule at 885 but I don't know whether that remains current. PHILIPPIDES J: They may not be current. APPELLANT DAVY: If it's any assistance, I have all the latest contact details of all the respondents. THE PRESIDENT: All right. Well, thank you for your assistance and I'll tell the Deputy Registrar to contact either of the parties - or either Mr Davy or the respondent about that issue. Well, the orders are as I've suggested. All right then, adjourn the Court. THE COURT ADJOURNED AT 3.28 P.M. -- 3 of 3 --