Morley v QBCC

[2017] QDC 95

DISTRICT COURT OF QUEENSLAND

CITATION:

Morley v QBCC [2017] QDC 95

PARTIES:

WADE FRANCIS MORLEY
(appellant)
v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (QBCC)
(respondent)

FILE NO:

155/16

DIVISION:

Civil

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court at Southport

DELIVERED ON:

27 April 2017

DELIVERED AT:

Southport

HEARING DATE:

27 February 2017

JUDGE:

Kent QC DCJ

ORDER:

The appeal is dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE – where the Magistrate found the advertised, trade work constituted “building work” as defined under the Queensland Building and Construction Commission Act 1991 (Qld) – where the advertised, trade work involved the removal, and replacement, of an anode of a hot water system – where the advertised, trade work required the interruption of the water supply from the water main to the house – whether the advertised, trade work constituted “building work” – whether the Magistrate erred in finding the advertised, trade work constituted “building work”

CRIMINAL LAW – APPEAL AND NEW TRIAL – INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE – where the appellant contends the Magistrate made a mistake in finding the appellant pretended to be a licensed contractor – where the appellant contends the Magistrate made a mistake in finding the appellant intended to make use of another person’s licence to perform building work in Queensland – whether the Magistrate erred in making the two aforementioned findings of fact

CRIMINAL LAW – APPEAL AND NEW TRIAL – OTHER MATTERS – where the appellant disputed the proclamation of the Queensland Building and Construction Commission Act 1991 (Qld), which prescribed the offences committed by the appellant – whether the relevant legislation had been properly proclaimed and was thus valid law

Evidence Act 1977 (Qld), s 46A, s 47, s 48
Justices Act 1886 (Qld), s 222, s 223

Queensland Building and Construction Commission Act 1991 (Qld), s 3, s 42, s 51, s 53C, s 56, item 11 of sch 1AA

Fox v Percy (2003) 214 CLR 118; [2003] HCA 22, cited
Mbuzi v Torcetti (2008) 50 MVR 451; [2008] QCA 231, cited
O’Connell v Cullery [1927] VLR 502, cited
Shambayati v Commissioner of Police [2013] QCA 57, cited
Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505, cited

Zuvela v Cosmarnan Concrete Pty Ltd (1996) 71 ALJR 29; [1996] HCA 30, cited

COUNSEL:

The appellant appeared on his own behalf

A C Freeman for the respondent

SOLICITORS:

The appellant appeared on his own behalf
The respondent appeared on its own behalf

Nature of the appeal

1. The appellant appeals pursuant to s 222 of the Justices Act 1886 (Qld) against the findings of guilt by a Magistrate at the Magistrates Court, Southport on 10 May 2016. It is submitted on three separate grounds that the findings of guilt were in error, and the appellant in effect seeks that the convictions be quashed.

1. Pursuant to s 223(1) of the Justices Act 1886, an appeal under s…