Lafferty v Behrends
[1999] QCA 133
•16 April 1999
[1999] QCA 133
COURT OF APPEAL
McPHERSON JA
DAVIES JA
FRYBERG J
CA No 484 of 1998
CHRISTOPHER DANIEL LAFFERTY
v.
HARRY BEHRENDS Applicant
BRISBANE
DATE 16/04/99
JUDGMENT
McPHERSON JA: This is an application for leave to appeal from a decision of the District Court given on an appeal to that Court from the Magistrates Court. The applicant for leave, who was the person convicted of a regulatory offence under the Regulatory Offences Act, section 5(1)(C, has not appeared in this Court to prosecute the application for leave. There is material to suggest that it is not likely that he will appear or would appear even if further time were allowed.
Mr Heaton, who appears for the respondent in this matter, assures us that there is no ground of which he is aware that would justify us in adjourning the application for any further period. In the circumstances, I propose that we should strike out the application for leave to appeal and dismiss it.
DAVIES JA: I agree.
FRYBERG J: I agree.
McPHERSON JA: The application for leave to appeal is dismissed.
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