DISTRICT COURT OF QUEENSLAND
CITATION: | Allison v Channel Seven Queensland Pty Ltd [2015] QDC 111 |
PARTIES: | MARGARET ALLISON |
FILE NO/S: | APPEAL NO: 125/14 |
DIVISION: | Appellate |
PROCEEDING: | Appeal |
ORIGINATING COURT: | Magistrates Court, Cairns |
DELIVERED ON: | 18 May 2015 |
DELIVERED AT: | Cairns |
HEARING DATE: | 18 May 2015 |
JUDGE: | Morzone QC DCJ |
ORDER: | 1. Appeal allowed. 2. The costs order made on 26 June 2014 is set aside. 3. The appellant will pay the respondent’s costs of the hearing on 26 June 2014 in the amount of $2,000.00 as prescribed by items 1 ($1,500) and 3 ($500 for two mentions) of schedule 2 in the scale of costs in the Justices Regulation 2004 (Qld). 4. The respondent will pay the appellant’s costs of the appeal in the amount of $2,000.00 as prescribed by regulation 4 and items 1 ($1,800) and 3 ($200.00 for two telephone mentions) of schedule 2 in the scale of costs in the Justices Regulation 2004 (Qld). 5. I direct that such costs be paid with 30 days to the registrar to be paid over to the party entitled to the same in accordance with s 232 of the Justices Act 1886, unless otherwise agreed. |
CATCHWORDS: | CRIMINAL LAW - appeal pursuant to s 222 Justices Act 1886 against order for costs – respondent acquitted of an offence against s 189 of the Child Protection Act 1999 (Qld) after no case submission - whether error in exercise of discretion to award costs – “special … importance of the case” - whether error in exercise of discretion to assess costs higher than the scale. Legislation Cases |
| COUNSEL: | A R Philp QC for the Appellant |
| SOLICITORS: | Crown Law for the Appellant Schweikert Harris Solicitors for the Respondent |
On 26 June 2014 the respondent was acquitted of an offence against s 189 of the Child Protection Act 1999 (Qld) after a no case submission was upheld in the Magistrates Court held in Cairns. The trial magistrate ordered that the appellant pay the respondent’s costs of the hearing, and allowed a higher amount of $15,000 pursuant to ss 158A and 158B(2) of the Justices Act 1886 (Qld).
The appellant now appeals against the costs order.
Both parties have provided outlines of argument, and made further submissions on the hearing of the appeal, which I have considered.
Grounds of Appeal
The grounds of appeal relied upon by the appellant can be summarised as follows:
1. The trial magistrate erred in the exercise of his discretion in awarding costs to the respondent because: he failed to consider all relevant matters; placed excessive weight on other matters; and took account of irrelevant matters.
2. The trial magistrate erred in the exercise of his discretion to award costs in an amount higher than the scale allowed because: he erred in his reasoning and…
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- Case
- [2015] QDC 111
- Decision Date
CaseChat Overview and Summary
The court found that the magistrate did not consider the statutory scale when determining the amount of costs to be awarded to the respondent. Instead, the magistrate made an assessment of the costs based on their view of the case's "special importance". The court held that this was an error of law, as the statutory scale must be the primary consideration in determining costs unless there are exceptional circumstances that justify departing from the scale. Furthermore, the court found that the magistrate's decision to award costs to the respondent was not justified, as the respondent had been acquitted of the charge and there was no evidence to suggest that the case was of special importance.
Consequently, the appeal was allowed. The costs order made on 26 June 2014 was set aside. The appellant was directed to pay the respondent's costs of the hearing on that date in the amount of $2,000.00, as prescribed by the scale in the Justices Regulation 2004 (Qld). The respondent was directed to pay the appellant's costs of the appeal in the amount of $2,000.00, also as prescribed by the scale in the Justices Regulation 2004 (Qld). The court directed that these costs be paid within 30 days to the registrar to be paid over to the party entitled to the same in accordance with s 232 of the Justices Act 1886, unless otherwise agreed.
Orders
Orders of the court
1. Appeal allowed.
2. The costs order made on 26 June 2014 is set aside.
3. The appellant will pay the respondent’s costs of the hearing on 26 June 2014 in the amount of $2,000.00 as prescribed by items 1 ($1,500) and 3 ($500 for two mentions) of schedule 2 in the scale of costs in the Justices Regulation 2004 (Qld).
4. The respondent will pay the appellant’s costs of the appeal in the amount of $2,000.00 as prescribed by regulation 4 and items 1 ($1,800) and 3 ($200.00 for two telephone mentions) of schedule 2 in the scale of costs in the Justices Regulation 2004 (Qld).
5. I direct that such costs be paid with 30 days to the registrar to be paid over to the party entitled to the same in accordance with s 232 of the Justices Act 1886, unless otherwise agreed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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