Clampett v Hill

[2007] QCA 394

SUPREME COURT OF QUEENSLAND

CITATION:

Clampett v Hill & Ors [2007] QCA 394

PARTIES:

LEONARD WILLIAM CLAMPETT
(applicant/appellant)
v
ROBYN HILL, DIRECTOR OF COURTS, SUPREME AND DISTRICT COURTS
(first respondent)
ANTHONY KWAN GETT
(second respondent)
JUDGE M GRIFFIN
(third respondent)

FILE NO/S:

Appeal No 8819 of 2007
SC No 7991 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Applications to Strike Out

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

16 November 2007

DELIVERED AT:

Brisbane

HEARING DATE:

12 November 2007

JUDGES:

de Jersey CJ, Williams JA and Keane JA
Judgment of the Court

ORDER:

1. Respondents’ applications are allowed
2. Appeal dismissed, with costs to be assessed on the indemnity basis
3. Appellant’s cross-application is refused

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – OTHER MATTERS – where application for judicial review brought against District Court Judge who dismissed appeal from Magistrate’s decision, Commonwealth prosecutor, and Director of Courts, Supreme and District Courts – where judicial review application summarily dismissed with costs – whether appeal against dismissal of application should be struck out 

PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – OTHER MATTERS – where appellant appealed to District Court against Magistrates Court conviction, but declined to prosecute appeal – where appellant contended his notice of appeal was not properly sealed, and thus invalid, explaining his failure to prosecute appeal – definition of “seal” – whether court process validly sealed

CONSTITUTIONAL LAW – CONSTITUTIONAL AMENDMENT – STATES – QUEENSLAND – where the Australia Acts (Request) Act 1985 (Qld) was not preceded by a referendum – where appellant argues this was contrary to the requirements of the Constitution Act 1867 (Qld) as legislation anticipated alterations to the office of Governor – whether authority of Governor affected – whether Queensland courts validly constituted

Australia Act 1986 (UK)

Australia Acts (Request) Act 1985 (Qld)
Constitution Act 1867 (Qld), s 53
District Court Act 1967 (Qld), s 8B, s 39(2)
Judicial Review Act 1991 (Qld)
Uniform Civil Procedure Rules 1999 (Qld), r 978

Lohe v Gunter[2003] QSC 150; SC No 11734 of 2002, 16 April 2003, followed
Sharples v Arnison & Ors[2001] QCA 518; Appeal No 2972 of 2001, 23 November 2001, cited
Skyring v Electoral Commission of Qld & Anor [2001] QSC 080; SC No 2028 of 2001, 17 May 2001, followed

COUNSEL:

The appellant appeared on his own behalf
G J Handran for the first and third respondents
D C Rangiah for the second respondent

SOLICITORS:

The appellant appeared on his own behalf
Crown Solicitor for the first and third respondents
Director of Public Prosecutions (Commonwealth) for the second respondent

1. THE COURT:  The appellant appeals against a judgment of this Court summarily dismissing, with costs, his application purportedly brought under the Judicial Review Act 1991 (Qld). The respondents seek orders that the appeal be struck out.

1. The proceeding grew out of the appellant’s conviction, in the Magistrates Court on 9 November 2006, for an offence under the Commonwealth