Beale v O'Connell

Case [2017] QSC 127


SUPREME COURT OF QUEENSLAND

CITATION:

Beale v O’Connell & Ors [2017] QSC 127

PARTIES:

JAMES ANDREW BEALE

(applicant)

v

DAVID O’CONNELL

(first respondent)

ANGIE JORGENSEN

(second respondent)

WOMEN'S LEGAL SERVICE QUEENSLAND

(third respondent)

ATTORNEY-GENERAL FOR THE STATE OF QLD

(intervening)

FILE NO/S:

BS9640/16

DIVISION:

Trial Division

PROCEEDING:

Originating Application

DELIVERED ON:

19 June 2017

DELIVERED AT:

Brisbane

HEARING DATE:

11 May 2017

JUDGE:

Jackson J

ORDER:

The order of the court is that:

1.    The application dated 19 September 2016 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – where the applicant was  committed for trial by a magistrate on a charge of manslaughter in relation to the death of the applicant’s wife – where the Director of Public Prosecutions declined to present an indictment on the charge – where the first respondent decided to hold an inquest into the death – where the applicant submitted at a pre-inquest hearing that the first respondent should revoke the decision to hold an inquest – where the first respondent declined to revoke the decision to hold an inquest – where the applicant argued that the first respondent’s decisions were invalid on the basis that the first respondent had failed to take into account relevant considerations and had acted unreasonably – whether the first respondent’s decisions were invalid

ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – where the applicant was committed for trial by a magistrate on a charge of manslaughter in relation to the death of his wife where the Director of Public Prosecutions declined to present an indictment on the charge – where the first respondent decided to hold an inquest into the death – where the first respondent decided to call certain persons as witnesses at the inquest – where the applicant challenged the decisions to call certain witnesses – whether the first respondents’ decisions were invalid

Acts Interpretation Act 1954 (Qld)

Coroners Act 2003 (Qld)

Judicial Review Act 1991 (Qld)

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 260 ALR 1, cited

Annetts v McCann (1990) 170 CLR 596, cited

Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, cited

Attorney-General of NSW v Borland [2007] NSWCA 201, cited

Australian Broadcasting Corporation Tribunal v Bond (1990) 170 CLR 321, discussed

Buck v Bavone (1976) 135 CLR 110, discussed

Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297, cited

Cornall v AB [1995] 1 VR 372, followed

Deitz v Abernethy (unreported, BC9602510), cited

Doomadgee v Clements [2006] 2 Qd R 352, distinguished

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503, cited

Griffith University v Tang (2005) 221 CLR 99, discussed

Hogan v Hinch (2011) 243 CLR 506, cited

Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, followed

Minister for Immigration and…

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AGLC
Beale v O'Connell [2017] QSC 127
Case
[2017] QSC 127
Decision Date

CaseChat Overview and Summary

Beale was committed for trial on a charge of manslaughter in relation to the death of his wife. The Director of Public Prosecutions declined to present an indictment on the charge, and the first respondent decided to hold an inquest into the death. Beale submitted at a pre-inquest hearing that the first respondent should revoke the decision to hold an inquest, which was declined. Beale argued that the first respondent's decisions were invalid because the first respondent had failed to take into account relevant considerations and had acted unreasonably.

The court was required to determine whether the first respondent's decisions were invalid. The court examined whether the first respondent had failed to take into account relevant considerations and whether the decisions were unreasonable. The court found that the first respondent had considered relevant matters and that the decisions were not unreasonable. The court dismissed Beale's application for judicial review.

The court dismissed the application for judicial review. The court found that the first respondent's decisions were valid and that Beale had not demonstrated that the decisions were unreasonable or that the first respondent had failed to take into account relevant considerations.

Orders

Orders of the court

The order of the court is that:

1. The application dated 19 September 2016 is dismissed.

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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