Ashton v Johnstone Shire Council

[2008] QDC 141

[2008] QDC 141

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE BRADLEY

Appeal No 25 of 2008

GEOFFREY JOHN ASHTON	Appellant
and
CHIEF EXECUTIVE OFFICER OF THE	Respondent
JOHNSTONE SHIRE COUNCIL
CAIRNS ..DATE 03/06/2008
JUDGMENT
03062008 T(2)3/AW(CNS) M/T CAIR4/2008 (Bradley DCJ)
HER HONOUR: Mr Ashton, I have read the material that you have	1
filed in support of your appeal, and, as I said before, I have no reason to doubt the allegations you have made, but this is not the forum for someone to decide whether they are true or not and what the issues are.

10

I accept that you believe that you have genuine and longstanding grievances against the former Johnstone Shire Council, but the single point upon which I am to decide is whether the Magistrate was wrong in dismissing your complaint.

20

She did that on the basis that she found that it did not disclose an offence and that that was necessary in relation to a complaint and summons under the Justices Act. You have not convinced me that she was wrong, and therefore I will dismiss your appeal.

30

The order that I will make is in terms of the draft that was handed up by Mr Ryall. I will make an order that the costs be fixed in the amount which is apparently in accordance with the schedule at $1,932.65. I order that you pay that within 30

40

days.

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50

2 JUDGMENT 60