SUPREME COURT OF QUEENSLAND
CITATION:
Rockhampton Regional Council v Cosgrove & Ors [2015] QSC 22
PARTIES:
ROCKHAMPTON REGIONAL COUNCIL
(Applicant)v
MAGISTRATE BARRY COSGROVE
(First respondent)And
JOANNE LILLEY
(Second respondent)And
LIVINGSTONE SHIRE COUNCIL
(Third Respondent)
FILE NO/S:
S 388/14
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court Rockhampton
DELIVERED ON:
16 February 2015
DELIVERED AT:
Rockhampton
HEARING DATE:
9 February 2015
JUDGE:
McMeekin J
ORDERS:
The application is dismissed
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY – where applicant is continuing local government following de-amalgamation – where third respondent is new local government re-established following de-amalgamation – where complaint made of offence under Workplace Health and Safety Act 2011 (Qld) against applicant by second respondent prior to de-amalgamation – where applicant asserts that proper defendant is third respondent following de-amalgamation – where first respondent found that complaint should continue against applicant rather than third respondent – where applicant seeks order of certiorari quashing decision of first respondent – where applicant applied for judicial review – where applicant seeks declaration that the proper defendant against the complaint is third respondent – whether criminal liability transferred to new local government by transitional provisions in enactments
INTERPRETATION – GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS – GENERAL MATTERS
Acts Interpretation Act 1954 (Qld), s 35C, Schedule 1
Judicial Review Act 1991 (Qld), s 5
Local Government Act 2009 (Qld), s 242
Local Government and Other Legislation Amendment Act 2012 (Qld)
Local Government and Other Legislation Amendment Act 2013 (Qld)
Local Government (De-Amalgamation Implementation) Regulation 2013 (Qld), s 5, s 39, s 45, s 46, s 47, s 48, s 49, s 50, s 51
Occupational Health & Safety Act 1983 (NSW)
Penalties and Sentences Act 1995 (Qld), s 9, s 12
Workplace Health and Safety Act 2011 (Qld), s 3, s 14, s 19, s 32, s 232, s 253Attorney-General (NSW) v Commonwealth Savings Bank (1986) 160 CLR 315 cited
Beckwith v The Queen (1976) 135 CLR 569 cited
Butler v Fife Coal Co [1912] AC 149 cited
Byrne v Garrisson [1965] VR 253 cited
Chakera v Kuzamanovic [2003] VSC 92 cited
Country Energy v Malone [2005] NSWIRComm 78 applied
George Hudson Ltd v Australian Timber Workers Union [1922] 32 CLR 413 cited
Joye v Beach Petroleum NL (1996) 67 FCR 275 cited
K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 60 ALR 509 cited
Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2010] QCA 119 cited
R v Deemal [2010] 2 Qd R 70 cited
R v Adams (1935) 53 CLR 563 cited
Re The Commercial Bank of Australia Ltd (1893) 19 VLR 333 cited
Roads Corporation v Gerkens (1993) 6 VAR 363 citedCOUNSEL:
P Roney QC with R Byrnes for the applicant
M J Byrne QC with T Cvetkovski for the second respondent
M Hinson QC for the third respondent
SOLICITORS:
McCullough Robertson for the applicant
No appearance for the first respondent
Workplace Health and Safety Queensland for…
Keep reading for free
Create a free CaseChat account to read Rockhampton Regional Council v Cosgrove and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] QSC 22
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the interpretation of the transitional provisions in the relevant enactments to determine if criminal liability had transferred to the new local government following the de-amalgamation. The court considered whether these provisions meant that the third respondent, as the new local government, was the proper defendant in the complaint, or if the applicant remained liable. The court also needed to assess the correctness of the first respondent's decision in maintaining the complaint against the applicant.
The court found that the transitional provisions in the enactments did not explicitly transfer criminal liability to the new local government. The court held that the applicant remained the proper defendant in the complaint as the original entity charged with the offence. Consequently, the court dismissed the application for judicial review and found that the first respondent's decision was correct. The court made no further declarations or orders as the application was dismissed.
Orders
Orders of the court
The application is dismissed
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.