|JUDGES:||Muir and Gotterson JJA and Jackson J.
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
|ORDERS:||1. The application for leave to appeal is refused.
2. The applicants pay the respondent’s costs of the application.
||APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – GENERALLY – where the applicants’ land was taken by the respondent under the Acquisition of Land Act 1967 (Qld) – where the applicants served the respondent with a notice of appeal out of time – where the applicants apply for leave to appeal a decision of the Land Appeal Court – where the applicants contend that the Land Appeal Court made an error or mistake of law in construing the Land Court Act 2000 (Qld), s 64, s 65 and s 57(c) – whether an appeal to the Land Appeal Court is incompetent if the applicants fail to serve the notice of appeal on the respondent within 42 days after the order was made – whether serving the respondent with a notice of appeal out of time can be cured by an order of the court under the Land Court Act 2000 (Qld).
David Cormack – Brisbane Barrister.