HFL v PLL

[2022] QDC 219

DISTRICT COURT OF QUEENSLAND

CITATION:

HFL v PLL [2022] QDC 219

PARTIES:

HFL

(appellant)

v

PLL

(respondent)

FILE NO/S:

513/22

DIVISION:

Appellate

PROCEEDING:

Appeal pursuant to s 222 of the Justices Act 1886 (Qld)

ORIGINATING COURT:

Brisbane Magistrates Court

DELIVERED ON:

5 August 2022 (delivered ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

5 August 2022

JUDGE:

Dearden DCJ

ORDER:

1.   Appeal allowed; 

2.   Decision of the Magistrates Court of Queensland dated 4 February 2022 be set aside; 

3.   That the application to vary a domestic violence order be granted varying the protection order made on 27 February 2019 in terms as those contained in the temporary protection order made on 19 August 2020, save for the inclusion of REX and DSY as named persons protected by the order;

4.   The respondent pay the appellant’s costs of the appeal fixed at $10,574.63;

5.   The respondent be granted an indemnity certificate in respect of the appeal under s 15(2) of the Appeal Costs Fund Act 1973 (Qld).

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the learned magistrate varied the protection order to include two named persons – whether the learned magistrate erred

CRIMINAL LAW – APPEAL AND NEW TRIAL – COSTS – where the respondent did not appear in order to save costs – where the respondent did not oppose the appeal – whether costs should be ordered in favour of the appellant

LEGISLATION

Appeal Costs Fund Act 1973 (Qld) s 15

Domestic and Family Violence Protection Act2012 (Qld) ss 15, 52

CASES

RIS v DOL & Anor [2021] QDC 154

RIS v DOL & Anor (No.2) [2021] QDC 157

Soulemezis v Dudley (Holdings) Pty Limited [1987] 10 NSWLR 247

National Companies and Securities Commission v News Corp Ltd [1984] 156 CLR 296

COUNSEL:

C Bolovan for the appellant

No appearance

SOLICITORS:

Cudmore Legal for the appellant

Introduction

1. This is an appeal in respect of the matter of HFL v PLL, which appeal is in part against the decision of the learned magistrate at Brisbane in EMA BGLE (undated) delivered 4 February 2022, which ordered that an application to vary a domestic violence order be granted, varying a protection order made on 27 February 2019, in terms contained in a temporary protection order made on 19 August 2020. 

1. It is, in a practical sense, unnecessary to articulate all the terms of the order made, other than to say that the final outcome of the decision by the learned magistrate was to include two named persons in the final order, in circumstances where both the appellant and the respondent had agreed that that aspect of the matter was not to proceed. 

Grounds of Appeal

1. The grounds of appeal are as follows:

“(1)    The primary magistrate erred in law in making the order at Brisbane on 4 February 2022 (order).  In particular:

(a)        The primary magistrate, in the exercise of his Honour’s discretion, varied the order made…