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  • Unreported Judgment

Jonsson v Prendergast

 

[2002] QSC 30

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Application No 1 of 2002

ANTHONY JAMES JONSSON AND

 

BRUCE POUTNEY MILNER

Applicants

and

 

JOHN ANTHONY PRENDERGAST

Respondent

CAIRNS

DATE 29/01/2002

JUDGMENT

HIS HONOUR: In the matter of Discover Dive Proprietary Limited (in liquidation), this is an application by the liquidators to dispose of the only substantive asset of the company in liquidation. That asset is a Great Barrier Reef Marine Park permit.

The beneficial interest in that permit is the subject of a dispute between the liquidators and one John Anthony Prendergast. The notice of this application has been sought to be given to Mr Prendergast by service on his former solicitors and by e-mail communication. It cannot be established whether he has received any such notice. His former solicitors no longer act for him and therefore would not accept service on his behalf.

The matter is one which, in the public interest, should be determined quickly, but it is one also in which some further effort should, in my view, be made to bring the nature of the application to the notice of Mr Prendergast. If, after following up, the quite reasonable attempts that have been made to date to bring the notice of the application to his attention are not successful, I would entertain an application to substitute service and for the matter thereafter to be dealt with in an accelerated way.

For the moment, however, further attempts should be made, but I will allow the matter to be brought on on two days' notice by the applicant to the respondent, either for the purpose of an application for substituted service or for the accelerated dealing with of the application, if it can be shown that the application has been brought to Mr Prendergast's attention.

The matter will therefore be adjourned to a date to be fixed. Costs of and incidental to the application will be reserved.

Close

Editorial Notes

  • Published Case Name:

    Anthony James Jonsson and Bruce Poutney Milner v John Anthony Prendergast

  • Shortened Case Name:

    Jonsson v Prendergast

  • MNC:

    [2002] QSC 30

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    29 Jan 2002

Litigation History

No Litigation History

Appeal Status

No Status