Owen v Menzies - [2011] QCA 241

SUPREME COURT OF QUEENSLAND

CITATION:

Owen v Menzies & Anor [2011] QCA 241

PARTIES:

RONALD OWEN
(applicant)
v
RICHELLE MENZIES
(first respondent)
RHONDA BRUCE
(second respondent)

FILE NO/S:

Appeal No 7138 of 2011
SC No 7138 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application - Civil

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Orders delivered ex tempore on 6 September 2011
Reasons delivered on 16 September 2011

DELIVERED AT:

Brisbane

HEARING DATE:

6 September 2011

JUDGES:

Fraser and White JJA and Margaret Wilson AJA
Judgment of the Court

ORDERS:

Delivered ex tempore on 6 September 2011:

1. Pursuant to s 68(5) of the Supreme Court of Queensland Act 1991 (Qld), proceedings numbered 7138 of 2011 be removed into the Court of Appeal.

2. The costs of the application are reserved.

CATCHWORDS:

PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS – CONCURRENT JURISDICTION OF DIFFERENT COURTS – CASES OTHER THAN UNDER CROSS-VESTING LEGISLATION – where the Queensland Civil and Administrative Tribunal stated a case to the Supreme Court of Queensland – where findings were made in the Supreme Court on a previous appeal in the same matter which form part of the case stated - where the case stated involves important questions regarding the interpretation and constitutionality of the Anti-Discrimination Act 1991 (Qld) – where all the facts in the proceeding have been found – whether special circumstances exist that make it desirable for the proceedings to be removed to the Court of Appeal pursuant to s 68(5) of the Supreme Court of Queensland Act 1991 (Qld)

Anti-Discrimination Act 1991 (Qld), s 124A, s 134(1)(a), s 212, s 216
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 131, s 132, s 259, s 260
Supreme Court of Queensland Act 1991 (Qld), s 68(5)

R v Fukusato [2003] 1 Qd R 272; [2002] QCA 20, considered
Menzies & Ors v Owen [2008] QADT 20, cited
Owen v Menzies & Ors (2010) 243 FLR 347; [2010] QSC 387, considered

COUNSEL:

R Haddrick for the applicant
S Robb for the respondent

SOLICITORS:

S K Lawyers for the applicant
Caxton Legal Centre for the respondent

THE COURT: The applicant applied under s 68(5) of the Supreme Court of Queensland Act 1991 (Qld) for an order that the proceeding which the applicant started in the Trial Division on a case stated by the Queensland Civil and Administrative Tribunal for the opinion of the Court be removed into the Court of Appeal.

The Court has jurisdiction to hear and determine the case pursuant to s 216(1) of the Anti-Discrimination Act 1991 (Qld). Section 216 was repealed by s 1348 of the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 (Qld) but s 259 and s 260 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) preserve the operation of s 216(1) with respect to these proceedings.

Section 68 of the Supreme Court of Queensland Act 1991 (Qld) relevantly provides:

“(5)If a proceeding (whether by way of appeal or…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Owen v Menzies

Details

AGLC: Owen v Menzies [2011] QCA 241
Case: [2011] QCA 241
Decision Date: 16 September 2011

CaseChat Overview and Summary

The parties in Owen v Menzies were Owen, the appellant, and Menzies, the respondent. The dispute originated from a decision made by the Queensland Civil and Administrative Tribunal, which was subsequently appealed to the Supreme Court of Queensland. The Court of Appeal was then asked to determine whether the proceedings should be moved from the Supreme Court back to itself, based on certain legal questions regarding the interpretation and constitutionality of the Anti-Discrimination Act 1991 (Qld). The appeal raised issues pertinent to the concurrent jurisdiction of different courts, specifically the appropriateness of transferring proceedings under section 68(5) of the Supreme Court of Queensland Act 1991 (Qld).

The central legal issues the court needed to address involved the interpretation of the Anti-Discrimination Act 1991 (Qld) and its constitutional validity. Additionally, the court had to consider whether special circumstances existed that warranted the removal of the proceedings to the Court of Appeal. This consideration was informed by the existing findings in the Supreme Court from a prior appeal in the same matter, which were deemed part of the case stated. The court was tasked with interpreting these findings and assessing their implications for the ongoing proceedings.

In its decision, the Court of Appeal found that special circumstances did exist that made it desirable for the proceedings to be removed from the Supreme Court to itself. This decision was based on the importance of the legal questions involved and the need for a higher court to provide clarity on the interpretation and constitutionality of the Anti-Discrimination Act 1991 (Qld). Given that all the facts in the proceeding had already been found, the Court of Appeal determined that it was appropriate to handle the matter, ensuring that the significant legal issues were appropriately addressed.

The court ordered that the proceedings numbered 7138 of 2011 be removed into the Court of Appeal. The costs of the application were reserved, meaning that the decision on costs would be determined at a later stage. This decision effectively transferred the case from the Supreme Court back to the Court of Appeal, allowing for a more thorough examination of the legal issues at hand.

Orders

Orders of the court

Delivered ex tempore on 6 September 2011:

1. Pursuant to s 68(5) of the Supreme Court of Queensland Act 1991 (Qld), proceedings numbered 7138 of 2011 be removed into the Court of Appeal.

2. The costs of the application are reserved.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Owen v Menzies & Anor [2011] QCA 241
PARTIES:	RONALD OWEN (applicant) v RICHELLE MENZIES (first respondent) RHONDA BRUCE (second respondent)
FILE NO/S:	Appeal No 7138 of 2011 SC No 7138 of 2011
DIVISION:	Court of Appeal
PROCEEDING:	Miscellaneous Application - Civil
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED ON:	Orders delivered ex tempore on 6 September 2011 Reasons delivered on 16 September 2011
DELIVERED AT:	Brisbane
HEARING DATE:	6 September 2011
JUDGES:	Fraser and White JJA and Margaret Wilson AJA Judgment of the Court
ORDERS:	Delivered ex tempore on 6 September 2011: 1. *Pursuant to s 68(5) of the Supreme Court of Queensland Act* 1991 (Qld), proceedings numbered 7138 of 2011 be removed into the Court of Appeal. 2. The costs of the application are reserved.**
CATCHWORDS:	PROCEDURE – COURTS AND JUDGES GENERALLY – COURTS – CONCURRENT JURISDICTION OF DIFFERENT COURTS – CASES OTHER THAN UNDER CROSS-VESTING LEGISLATION – where the Queensland Civil and Administrative Tribunal stated a case to the Supreme Court of Queensland – where findings were made in the Supreme Court on a previous appeal in the same matter which form part of the case stated - where the case stated involves important questions regarding the interpretation and constitutionality of the Anti-Discrimination Act 1991 (Qld) – where all the facts in the proceeding have been found – whether special circumstances exist that make it desirable for the proceedings to be removed to the Court of Appeal pursuant to s 68(5) of the Supreme Court of Queensland Act 1991 (Qld) Anti-Discrimination Act 1991 (Qld), s 124A, s 134(1)(a), s 212, s 216 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 131, s 132, s 259, s 260 Supreme Court of Queensland Act 1991 (Qld), s 68(5) R v Fukusato [2003] 1 Qd R 272; [2002] QCA 20, considered Menzies & Ors v Owen [2008] QADT 20, cited Owen v Menzies & Ors (2010) 243 FLR 347; [2010] QSC 387, considered
COUNSEL:	R Haddrick for the applicant S Robb for the respondent
SOLICITORS:	S K Lawyers for the applicant Caxton Legal Centre for the respondent