Kobylski v Queensland Police Service

[2007] QCA 37

COURT OF APPEAL

McMURDO P
KEANE JA
MULLINS J

CA No 302 of 2006

JAROSLAW KOBYLSKI  Appellant/Applicant

and

QUEENSLAND POLICE SERVICE                 Respondent

BRISBANE

..DATE 12/02/2007

ORDER

APPLICANT conducted his own case

MR D MacKENZIE (instructed by the Director of Public Prosecutions (Queensland)) for the respondent

THE PRESIDENT: The applicant has asked for an adjournment of his application for an extension of time to apply for leave to appeal from a decision of a District Court Judge hearing appeals under section 222 Justices Act on the basis that he received the respondent's outline of argument only outside Court this morning.

The respondent's outline was filed and served on the 7th of February 2007, just five days after receiving the applicant's outline which was itself filed late.  It does not raise any significant new matters which were not argued below.  It is unfortunate the applicant did not receive the outline until today but it seems that was no fault of the respondent.

He seeks an adjournment so that he can get advice from someone who is a non-lawyer and requests an adjournment of at least a couple of weeks to do so. 

As there seems to be no point in an adjournment in that the matters have all been aired before in the earlier hearing in the District Court, I can see no utility in granting the adjournment sought.  I would refuse it.

KEANE JA:  I agree.

MULLINS J:  I agree.

THE PRESIDENT:  So the application for an adjournment is refused.

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