Collier v Hinds

[2013] QDC 5

DISTRICT COURT OF QUEENSLAND

CITATION:

Collier v Hinds & Anor  [2013] QDC 5

PARTIES:

COLLIER
(Applicant)

AND

HINDS & ANOR
(Respondent)

FILE NO/S:

3046/2012

PROCEEDING:

Application

DELIVERED ON:

15 January 2013

DELIVERED AT:

Brisbane

JUDGE:

Samios DCJ

ORDER:

1.   Paragraphs 1 and 2 of the application filed 10 January 2013 are dismissed.

COUNSEL:

The Applicant represented herself via telephone.

The Respondent was not present.

E F Kennedy for the second Respondent. 

SOLICITORS:

The Applicant represented herself via telephone.

The Respondent was not present.

Queensland Police Solicitors for second Respondent.

1. The application before me insofar as is relevant seeks to set aside orders 4 (b) and (c) - 6(a), (b) and (c)‑‑‑‑‑

2. The transcript shows the following exchange took place between the Applicant and His Honour.

   APPLICANT:  Can I just butt in?  Actually (b) has sort of been sorted out so we don't have to include 4(b) anymore.

   HIS HONOUR:  All right, but, in any event, just for completeness‑‑‑‑‑

   APPLICANT:  Yes.

   HIS HONOUR:  ‑‑‑‑‑you seek 4(b) and (c), 6(a), (b) and (c), 7 and 8 of Judge Kingham's orders, made on the 28th of November 2012.  Now, on the evidence before me, I am not satisfied that I have jurisdiction to set aside those orders and I therefore refuse to set aside those orders made by Judge Kingham.

   HIS HONOUR:  And, secondly, insofar as your application seeks a subpoena to be issued to Police Commissioner Ian Stewart to give evidence at the hearing on the 11th of March 2013, I am not satisfied there is any basis for such a subpoena to be issued to the Police Commissioner and‑‑‑‑‑

   HIS HONOUR:  ‑‑‑‑‑therefore, I refuse that order that is sought in this application.

   ...

   HIS HONOUR:  Therefore, paragraphs one and two of the application filed 10 January 2013 is dismissed.