DISTRICT COURT OF QUEENSLAND
CITATION:
Evans v NBN Co. Limited [2021] QDC 227
PARTIES:
DAVID EVANS
(Appellant)
v
NBN CO. LIMITED (ACN 136 566 741)
(Respondent )
FILE NO:
D30/2020
DIVISION:
Appellate
PROCEEDING:
Appeal pursuant to s 222 of the Justices Act 1886 (Qld)
ORIGINATING COURT:
Magistrates Court at Maroochydore
DELIVERED ON:
16 September 2021
DELIVERED AT:
Maroochydore
HEARING DATE:
24 August 2020
JUDGE:
Long SC, DCJ
ORDER:
In respect of the orders made in the Magistrates Court in Maroochydore on 23 January 2020:
(a) The order that the complaint be dismissed is confirmed; and
(b) The order that the complainant pay the costs of the respondent is varied so that the amount to be paid is $1,750.00 instead of $136,000.00.
CATCHWORDS:
APPEAL AGAINST FINDING OF MAGISTRATE – where the appellant filed a complaint against the respondent in the Magistrates Court and sought orders pursuant to the Peace and Good Behaviour Act 1982 – where the Magistrate dismissed the complaint pursuant to s 7(3)(a) of the Act and ordered that the appellant pay the costs of the respondent – whether the Magistrate failed to conduct a hearing of the evidence before dismissing the complaint – whether the conduct of the respondent is amenable to a peace and good behaviour order –discussion as to whether the meaning of “assault” in s 5(1)(a) and (b) of the Peace and Good Behaviour Act 1982 is as defined in s 245 of the Criminal Code (Qld)
COSTS – where the respondent concedes that the order for costs made by the Magistrate was inappropriate
LEGISLATION:
Acts Interpretation Act 1954 (Qld), s 14B, 32D
Criminal Code Act 1899 (Qld), ss 4, 6, 74, 245, 335
Environmental Protection Act 1994 (Qld), ss 10, 11
Justices Act 1886 (Qld), ss 158, 158B, 222, 223, 225, 226
Justices Regulation 2014 (Qld)
Peace and Good Behaviour Act 1982 (Qld), ss 5, 7, 9
Planning Act 2016 (Qld)
Radio Communications Act 1992 (Cth)
Radio Communications Licence Conditions (Apparatus Licence) Determination 2015 (Cth), s 8
Safety Rehabilitation and Compensation Act 1988 (Cth)
Telecommunications Act 1997 (Cth), s 56CASES:
Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27
Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256
Brady v Schatzel; ex parte Brady [1911] St R Qd 206
Briginshaw v Briginshaw (1938) 60 CLR 336
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384
Darby v Director of Public Prosecutions (NSW) (2004) 61 NSWLR 558; 150 A Crim R 314
Fagen v Commissioner of Metropolitan Police [1969] 1 QB 439
Grehan v Kann [1948] QWN 40
Haystead v DPP [2000] 2 Cr App R 339
Jones v Sherwood [1942] 1 KB 127
Kaporonovski v The Queen (1973) 133 CLR 209
King v Crow [1942] St R Qd 288
Laidlaw v Hulett; ex parte Hulett [1998] 2 Qd R 45
McDonald v Comcare [2013] AATA 105
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 CLR 445
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- AGLC
- Evans v Nbn Co. Limited [2021] QDC 227
- Case
- [2021] QDC 227
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the Magistrate had failed to conduct a proper hearing of the evidence before dismissing the complaint, and whether the conduct of Nbn Co. Limited fell within the ambit of the peace and good behaviour order. The court also needed to determine the appropriate interpretation of "assault" under the Peace and Good Behaviour Act 1982, specifically whether it should be defined by reference to s 245 of the Criminal Code (Qld). The court found that while the Magistrate had made some errors in the primary hearing, the dismissal of the complaint was ultimately correct. The court varied the costs order from $136,000.00 to $1,750.00, as conceded by the respondent.
The appeal was dismissed in all respects except for the costs order, which was varied. The order that the complaint be dismissed was confirmed, while the order that Evans pay the costs of Nbn Co. Limited was reduced to $1,750.00. The parties were directed to be heard on any further or consequential orders. The court's decision highlights the importance of proper procedure in court hearings, while also providing clarity on the interpretation of the relevant legislation.
Orders
Orders of the court
In respect of the orders made in the Magistrates Court in Maroochydore on 23 January 2020:
(a) The order that the complaint be dismissed is confirmed; and
(b) The order that the complainant pay the costs of the respondent is varied so that the amount to be paid is $1,750.00 instead of $136,000.00.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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