Searles DCJ - 31 July 2015)
Cuthbert
v Moreton Bay Regional Council [2015] QPEC 36
Procedure – pleadings – strike out application
– impugned paragraphs in Notice of Appeal pertain to
historical matters previous but related proceedings – whether
impugned paragraphs are irrelevant to the issues in dispute –
whether impugned paragraphs should be struck out.
Procedure – stay of proceedings – where, in the
substantive appeal, Appellant seeks orders varying or setting aside
Environmental Protection Order issued by Council – EPO
pertains to Appellant's boat maintaining and repairing facility
– where Council's position is that Appellant has failed
to comply with requirements of an Environmental Authority
permitting carrying out of facility – whether refusal to
grant a stay would impact on the ultimate effectiveness of any
orders made in the appeal – whether grant of stay will
threaten the integrity of appeal decision – whether any
threat of irreparable prejudice to the
