THE Busby Group was yesterday accused of stalling a long-running legal battle so it could continue working at its Port Curtis depot.
Councillors voted to expel the family business from its site in May 2010 after finding it was operating without planning approval.
The company lodged an appeal and, nearly two years after the council decision, Busby's lawyer Charles Ware yesterday asked that the appeal hearing in the Planning and Environment Court be delayed to October.
Mr Ware said the group had difficulty retaining its experts and had drawn up a new timetable.
Rockhampton Regional Council consented to the change of dates, but the father of a Port Curtis resident and a co-respondent in the case, Henry Crichton, said the transport company's delays posed a risk to residents and road users.
He said the company had set yesterday's court date, but was not ready.
Mr Crichton said the Busby Group caused a delay from filing affidavits in June last year and a 15-day delay in October.
"I'm concerned about the appellant bringing further delays," Mr Crichton said.
Mr Crichton said the Busby Group's continuing presence in the residential area exposed locals to dust and noise.
Both sides will attend mediation on March 22 and appear before Judge Grant Britton for a review the next day.
Judge Britton said he would tentatively list the hearing for four days from October 8 if the mediation was unsuccessful.
He said he would explore holding an earlier hearing date, possibly organising another judge to come to Rockhampton while he was away, if it was necessary.