Prestige and Rich Pty Ltd v McGregor

SUPREME COURT OF QUEENSLAND

CITATION:

Prestige & Rich Pty Ltd v McGregor [2019] QCA 225

PARTIES:

PRESTIGE & RICH PTY LTD
ACN 141 590 383
(applicant)
v
JANEY ELLEN McGREGOR OF THE OFFICE OF FAIR TRADING
(respondent)

FILE NO/S:

CA No 236 of 2019
DC No 75 of 2019

DIVISION:

Court of Appeal

PROCEEDING:

Application for Stay of Execution

ORIGINATING COURT:

District Court at Brisbane – [2019] QDC 151 (Rackemann DCJ)

DELIVERED ON:

22 October 2019

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGE:

Morrison JA

ORDERS:

1.   The orders of the District Court made on 20 August 2019 in BD75/2019 and the orders made in the Magistrates Court at Holland Park on 18 December 2018, in matter number 1859/18, are stayed pending determination of the application for leave to appeal.

2.   Costs of the parties are reserved.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF ORDERS – where the applicant was convicted of an offence under s 28(2)(a) of the Agents Financial Administration Act 2014 (Qld) by the Magistrates Court – where an appeal to the District Court was dismissed – where the applicant has sought a stay of the whole of the orders made by the District Court and the whole of the orders made in the Magistrates Court – whether the appeal has a reasonable chance of success – whether the allowing of a stay would be prejudicial to either if the parties if granted

COUNSEL:

Richard Hong, general manager of the appellant, with leave
K Hillard for the respondent

SOLICITORS:

Office of Fair Trading for the respondent

1. MORRISON JA:  Prestige & Rich Pty Ltd has applied for leave to appeal in respect of the orders of a District Court judge made on 20 August 2019.  In turn, those orders were made on an appeal from a decision of a magistrate handed down on 18 December 2018.  The decision of the District Court judge[1] dismissed the appeal, which had been instituted pursuant to s 222 of the Justices Act 1886 (Qld), and ordered the applicant to pay costs.

   [1]Prestige & Rich Pty Ltd v McGregor [2019] QDC 151.

2. In the Magistrates Court the applicant was convicted of an offence under s 28(2)(a) of the Agents Financial Administration Act 2014 (Qld). It was fined $5,000 and ordered to pay costs totalling $2,223.75.

3. The stay sought on this application is of the whole of the orders made by the District Court and the whole of the orders made in the Magistrates Court.

4. In order to succeed in the grant of a stay the applicant must show that the circumstances indicate that the grant is an appropriate one.  That involves a consideration of:[2]

   (a)whether there is a good arguable case on the appeal; in other words, the likelihood of success in the appeal;

   (b)the prejudice to the applicant if the stay is not ordered; and

   (c)any competing prejudice to the respondents in the event that a stay is granted.

   [2]Elphick v…