SUPREME COURT OF QUEENSLAND
CITATION:
Atkinson v Gibson (No 2) [2010] QCA 378
PARTIES:
ATKINSON, Simon James
(applicant/appellant)
v
GIBSON, Patrick Darren
(respondent/respondent)FILE NO/S:
CA No 37 of 2010
DC No 2 of 2008
DC No 208 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave s 118 DCA (Criminal) – Further Order
ORIGINATING COURTS:
District Court at CairnsDELIVERED ON:
23 December 2010
DELIVERED AT:
Brisbane
HEARING DATE:
25 August 2010
JUDGES:
McMurdo P, Fraser JA and Mullins J
Judgment of the CourtORDERS:
There be no order as to costs in the District Court in Appeals No 2 of 2008 and No 208 of 2008. 1.
Set aside the costs order made in the Magistrates Court at Cooktown.2.
Direct that the Magistrates Court at Cooktown proceed with the hearing of the public nuisance charge according to law. 3.
Order that the applicant pay 60 per cent of the respondent’s costs of the application and the appeal to this Court, to be assessed on the standard basis. 4.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF THE COURT – COSTS ORDERS – where the Court granted the applicant leave to appeal and allowed the appeal against orders made in the District Court on appeal from the Magistrates Court – where the Magistrate ordered the applicant to pay the respondent’s costs – where the District Court had dismissed the appeals and ordered the applicant to pay the respondent’s costs – where on appeal to this Court the applicant succeeded in two respects and failed in two other respects – where this Court granted leave to appeal because of the public importance of the public nuisance ruling – whether there should be an order as to costs in the Magistrate’s Court – whether there should be an order as to costs in the District Court – whether there should be an order as to the costs of the application for leave to appeal and appeal against the applicant in this Court
Atkinson v Gibson[2010] QCA 279, related
COUNSEL:
M B Lehane for the applicant/appellant
J D Henry SC for the respondentSOLICITORS:
Department of Public Prosecutions (Queensland) for the applicant/appellant
O’Reilly Stevens Bovey Lawyers for the respondent
[1] THE COURT: In an earlier judgment[1] the Court granted the applicant leave to appeal and allowed the appeal against orders made in the District Court. The District Court had dismissed appeals against a Magistrate’s order dismissing a public nuisance charge following a ruling that there was no case to answer on that charge, the Magistrate’s acquittals of the respondent on charges of assaulting police and obstructing police, and the Magistrate’s substantial costs order in the respondent’s favour. This Court ruled that there was a case to answer on the public nuisance charge and set aside the Magistrate’s order dismissing that charge. The Court did not grant the applicant leave to appeal against the District Court’s…
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- AGLC
- Atkinson v Gibson (No 2) [2010] QCA 378
- Case
- [2010] QCA 378
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal centred on the appropriate exercise of discretion in granting leave to appeal, the assessment of costs in the Magistrates and District Courts, and the costs associated with the appeal to the Court of Appeal itself. The Court had to weigh the public importance of the public nuisance ruling against the need to manage costs effectively and fairly across all levels of the court system.
In its judgment, the Court of Appeal held that Atkinson should be granted leave to appeal due to the public importance of the public nuisance ruling. The Court set aside the costs order made in the Magistrates Court and directed that the hearing of the public nuisance charge proceed according to law. The Court of Appeal also dismissed the appeals in respect of the District Court’s orders but ordered Atkinson to pay 60 per cent of the respondent’s costs of the application and appeal to the Court of Appeal, to be assessed on a standard basis.
The final orders of the Court of Appeal were to leave no order as to costs in the District Court, to set aside the costs order in the Magistrates Court, to direct the Magistrates Court to proceed with the public nuisance charge hearing according to law, and to order Atkinson to pay 60 per cent of the respondent's costs of the application and appeal to the Court of Appeal.
Orders
Orders of the court
There be no order as to costs in the District Court in Appeals No 2 of 2008 and No 208 of 2008. 1.
Set aside the costs order made in the Magistrates Court at Cooktown.2.
Direct that the Magistrates Court at Cooktown proceed with the hearing of the public nuisance charge according to law. 3.
Order that the applicant pay 60 per cent of the respondent’s costs of the application and the appeal to this Court, to be assessed on the standard basis. 4.
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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