Elizabeth Alvarez v Cheryl Ann Lancaster

[2011] HCASL 80

ELIZABETH ALVAREZ
v
CHERYL ANN LANCASTER
[2011] HCASL 80
B15/2011

1. In October 2009, the Magistrates Court at Brisbane, pursuant to the Peace and Good Behaviour Act 1982 (Q), ordered that for a period of 12 months from the date of the order the applicant keep the peace and be of good behaviour towards the respondent, not threaten the respondent or any person in her care with physical harm or damage her property, and not come within 100 metres of the respondent's residence or place of work. The applicant was ordered to pay costs.

2. The applicant appealed to the District Court of Queensland against those orders but the appeal was dismissed with costs.  The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of Queensland (Muir, Fraser and Chesterman JJA) against the orders of the District Court.  That application was dismissed with costs.  She now seeks special leave to appeal to this Court.

3. The decision of the Court of Appeal was correct.  An appeal to this Court would enjoy no prospect of success.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
7 June 2011 S.M. Crennan