SUPREME COURT OF QUEENSLAND
CITATION:
Conquest & Anor v Bundaberg Regional Council [2016] QCA 203
PARTIES:
In Appeal No 236 of 2014:
CONQUEST, Ann
(applicant)v
BUNDABERG REGIONAL COUNCIL
(respondent)In Appeal No 237 of 2014:
CONQUEST, Robert John
(applicant)v
BUNDABERG REGIONAL COUNCIL
(respondent)FILE NO/S:
CA No 236 of 2014
CA No 237 of 2014
DC No 49 of 2012
DC No 48 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave s 118 DCA (Criminal)
ORIGINATING COURT:
District Court at Brisbane – [2014] QDC 166DELIVERED ON:
19 August 2016
DELIVERED AT:
Brisbane
HEARING DATE:
4 February 2016
JUDGES:
Fraser and Philip McMurdo JJA and Daubney J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal is refused.
2. Leave granted to the parties to make submissions about costs of the application.
CATCHWORDS:
ENVIRONMENT AND RESOURCES – PLANNING LAW – APPEALS, OFFENCES AND ENFORCEMENT – ENFORCEMENT NOTICES – SPECIFIC REQUIREMENTS OF ENFORCEMENT NOTICES – where the applicants were found guilty of an offence against s 4.3.15 of the Integrated Planning Act 1997 (“the Act”) for failing to comply with an enforcement notice – where the District Court dismissed their appeals – where the applicants apply for leave to appeal under s 118 of the District Court of Queensland Act 1967 (“the District Court Act”) – where the applicants contend that it is a condition of the validity of an enforcement notice that the person to whom the enforcement notice is given has committed a development offence – where the applicants contend that they should be acquitted of the offences because it was not proved beyond reasonable doubt that the relevant works on the property were “building works” rather than “operational works” – where the respondent submitted that the elements of the offence against s 4.3.15 of the Act were that a person was given an enforcement notice and did not comply with that notice – whether it is a condition of validity of an enforcement notice, and an element of the offence against s 4.3.15 of the Act, that the person to whom the notice is given had committed a development offence – whether the work carried out by the applicants amounted to “building work” or “operational work” under the Act
ENVIRONMENT AND RESOURCES – PLANNING LAW – APPEALS, OFFENCES AND ENFORCEMENT – ENFORCEMENT NOTICES – OFFENCES RELATING TO ENFORCEMENT NOTICES – where the applicants were found guilty of an offence against s 4.3.15 of the Act for failing to comply with an enforcement notice – where the District Court dismissed their appeals – where the applicants apply for leave to appeal under s 118 of the District Court Act– where the applicants raised a new point of contention – whether leave to raise new contention is granted – whether the Court’s jurisdiction is limited by ss 118 and 119 of the District Court Act
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- Case
- [2016] QCA 203
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the validity of an enforcement notice and the elements of the offence under section 4.3.15 of the Act depend on the person having committed a development offence. Additionally, the court needed to clarify whether the work carried out by the applicants constituted "building work" or "operational work" under the Act. The applicants further sought leave to raise a new point of contention, which was not previously argued in the District Court, regarding the jurisdiction of the court under sections 118 and 119 of the District Court Act.
The court dismissed the application for leave to appeal, finding that the applicants had not demonstrated that the appeal had a reasonable chance of success. It was held that it was not a condition of the validity of an enforcement notice, nor an element of the offence, that the person to whom the notice is given had committed a development offence. The court also concluded that the work carried out by the applicants amounted to "building work" under the Act. The applicants' request to raise a new point of contention was denied as the court's jurisdiction in this matter was limited by the statutory provisions mentioned.
In its orders, the court refused the application for leave to appeal but granted leave to the parties to make submissions about the costs of the application.
Orders
Orders of the court
1. Application for leave to appeal is refused.
2. Leave granted to the parties to make submissions about costs of the application.
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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