Allison v Channel Seven Queensland Pty Ltd

DISTRICT COURT OF QUEENSLAND

CITATION:

Allison v Channel Seven Queensland Pty Ltd  [2015] QDC 111

PARTIES:

MARGARET ALLISON
(appellant)
v
CHANNEL SEVEN QUEENSLAND PTY LTD
(respondent)

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
Justices Act 1886 (Qld), s 222, s 223(1), 158A and 158B.

Cases

House v The King (1936) 55 CLR 499

COUNSEL:

A R Philp QC for the Appellant
P J Callaghan SC for the Respondent

SOLICITORS:

Crown Law for the Appellant
Schweikert Harris Solicitors for the Respondent

1. 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).

1. The appellant now appeals against the costs order.

1. Both parties have provided outlines of argument, and made further submissions on the hearing of the appeal, which I have considered.

Grounds of Appeal

1. 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…