SUPREME COURT OF QUEENSLAND
CITATION:
Kosteska v Magistrate Manthey & Anor [2013] QCA 105
PARTIES:
LILLE KOSTESKA
(applicant)
v
MAGISTRATE BEVAN MANTHEY
(first respondent)
PAUL GERARD MURRAY (REGISTRAR OF SPER) (second respondent)FILE NO/S:
Appeal No 7440 of 2012
SC No 5434 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave/Judicial Review
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
10 May 2013
DELIVERED AT:
Brisbane
HEARING DATE:
20 February 2013
JUDGE:
Margaret McMurdo P and Atkinson and Martin JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal refused.
2. The stay application is refused.
3. Applicant to pay second respondent’s costs on an indemnity basis.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the applicant seeks leave to appeal an order dismissing her application for judicial review of the orders of the first respondent – where applicant sought leave to appeal on a number of grounds including that the Court of Appeal was not a lawfully established court and that the applicant was denied natural justice – whether the Court of Appeal should grant leave to appeal pursuant to the Judicial Review Act 1991 (Qld)
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – WHEN REFUSED - where the applicant makes a stay application with respect to all orders made by the Magistrate Court instituted against the applicant by the Queensland Police Service since November 2009 – whether the Court of Appeal should allow the stay application
Judicial Review Act 1991 (Qld), s 48
Clampett v Hill & Ors[2007] QCA 394, cited
Kelly v Campbell [2002] FCA 1125, cited
Kosteska v Phillips[2011] QCA 266, cited
Meads v Meads [2013] 3 WWR 419; [2012] ABQB 571, cited
R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13, cited
Re Cusack (1985) 60 ALJR 302, cited
Re Skyring[1999] QCA 460, cited
Re Skyring’s Application (No 2) (1985) 59 ALJR 561, cited
Sharples v Arnison [2002] 2 Qd R 444; [2001] QCA 518, cited
Skyring v Australia and New Zealand Banking Group[1993] QCA 118, cited
Skyring v Australia and New Zealand Banking Group[1994] QCA 143, cited
Skyring v Commonwealth Commissioner of Taxation[1993] QCA 119, cited
Skyring v Lohe[2000] QCA 451, citedCOUNSEL:
The applicant appeared on her own behalf
E M Fletcher for the first respondent
M T Hickey for the second respondentSOLICITORS:
The applicant appeared on her own behalf
Crown Law for the first and second respondents
MARGARET McMURDO P: This application for leave to appeal should be refused and the stay application dismissed for the reasons given by Martin J. I agree with the orders proposed by his Honour.
ATKINSON J:
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- Case
- [2013] QCA 105
- Decision Date
CaseChat Overview and Summary
In considering the application for leave to appeal, the Court of Appeal found that the applicant had not demonstrated that the appeal had a reasonable chance of success or that there were other compelling reasons for allowing the appeal. The court held that the applicant's arguments regarding the legitimacy of the Court of Appeal and the denial of natural justice were not sufficiently substantiated to warrant granting leave. The court also examined the stay application and concluded that the applicant had not provided adequate grounds to justify a stay of the proceedings. The Court of Appeal determined that the stay application should be refused, and the applicant was ordered to pay the second respondent’s costs on an indemnity basis.
The Court of Appeal ruled against both the application for leave to appeal and the stay application. The court emphasised the need for compelling reasons to grant leave to appeal and the lack of sufficient justification for a stay of proceedings. The applicant was also ordered to pay the second respondent’s costs on an indemnity basis, reflecting the court's view that the applications were not well-founded.
Orders
Orders of the court
1. Application for leave to appeal refused.
2. The stay application is refused.
3. Applicant to pay second respondent’s costs on an indemnity basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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