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  • Unreported Judgment

Sagigi v Mau

 

[2005] QSC 399

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 45 of 2005

ROBERT SAGIGI

Plaintiff

and

 

MARGARET MAU, JOSEPH ELU, TOSHIE KRIS, TERRY WAIA,

First Defendants

ELIA DOOLAH, NORA PEARSON, TED BILLY, JACK AHMAT,

 

SAILA SAVAGE, WALTER MACKIE, DON MOSBY, LOUISA GUISE AND FRED GELA

and

 

ISLAND COORDINATING COUNCIL

Second Defendant

CAIRNS

DATE 12/12/2005

JUDGMENT

HIS HONOUR: When this matter was called on for hearing this morning the plaintiff Robert Sagigi failed to appear. He was formerly represented by the firm Bottoms English who did appear and sought leave to withdraw. That leave was granted given that such an application had been made by the firm when the matter previously came before the Court on 2 December 2005. I am satisfied that the firm advised Mr Sagigi of its intention to withdraw as far back as 27 November 2005.

From the affidavit of Mr Devenish filed by leave today, it appears that Mr Sagigi has retained a new solicitor, Mr Johnson, who has been in contact with the solicitors for the applicant.

The effect of that contact was that Mr Sagigi did not wish to pursue the action and he had taken some other steps, which was consistent with the terms of an agreement which the defendants say was reached on 14 November 2005. That conversation between solicitors was made in the knowledge that its terms would be brought to the attention of the Court today.

That being the case, it is clear that Mr Sagigi has no intention of persisting with his action. It was an action which was subject to a compromise which was reached between the parties on 14 November 2005. The terms of that compromise were that the proceedings would be dismissed.

That is the appropriate order now to be made to dispose of the action.

In addition, the applicants before me seek an order for costs of and incidental to the application made seeking this order. What was envisaged by the compromise was that the notice of discontinuance would be filed and that each party would bear their own costs.

The failure of the plaintiff to honour the terms of the compromise has led to appearances on both 2 December 2005 and today. It is appropriate that the plaintiff ought to pay the defendants' costs of and incidental to this application.

I will make orders in terms of the draft initialled by me and placed with the papers.

Close

Editorial Notes

  • Published Case Name:

    Robert Sagigi v Margaret Mau

  • Shortened Case Name:

    Sagigi v Mau

  • MNC:

    [2005] QSC 399

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    12 Dec 2005

Litigation History

No Litigation History

Appeal Status

No Status