Kelsall v Wensley

[2009] QDC 330

[2009] QDC 330

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE BRABAZON QC

No 1827 of 2009

PAUL ANTHONY KELSALL	Appellant
and
PENELOPE WENSLEY	Respondent
BRISBANE ..DATE 19/10/2009
JUDGMENT

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HIS HONOUR: I have read the transcript before the Magistrates	1
Court on the 11th of June 2009 and I have read the learned Magistrate's very brief reasons saying "I am of the view, however, as I have already indicated, that it doesn't enliven any jurisdiction of this Court because it doesn't disclose any

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evidence of a criminal offence by the Governor and on that
basis I've struck out your summons and issued a permanent stay
in relation to - I've also ordered costs against the

complainant in the amount of $1,500".

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Then in relation to Mr Kelsall's protest that he could not apply again under section 17 of the Land Act the Magistrate responded that a different question was involved - "All I'm saying is you can't bring an action in this Court alleging any criminal offence by the Governor in connection with these

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proceedings - proceedings in the Land Court".

Today I have had the benefit of further submissions by of the Governor of the State of Queensland. I accept what's

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in those submissions, that is to say, there is no error shown sustain the complaint in the Magistrates Court.

on the part of the primary Judge, who's the learned

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Therefore, the appeal must be dismissed.

...

1-2 JUDGMENT 60

HIS HONOUR: Appeal dismissed. Set aside the subpoena of	1
7th October 2009.
...

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HIS HONOUR: This is the order of the Court. The appeal is
dismissed. Order that the subpoena of the 7th October 2009 be
set aside. Order that the appellant pay the respondent's

costs of this appeal fixed at $1,500.

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1-3 JUDGMENT 60