Ryan v Coulter

[2006] QDC 338

[2006] QDC 338

DISTRICT COURT
APPELLATE JURISDICTION

JUDGE McLAUGHLAN QC

Appeal No 111 of 2006

ANTHONY JASON RYAN	Appellant
and
SENIOR CONSTABLE MICHAEL COULTER	Respondent
CAIRNS ..DATE 14/08/2006
JUDGMENT

14082006 D.1 T6/KSJ M/T CNS1/2006 (McLaughlan DCJ)

HIS HONOUR: This is an appeal by the appellant against the	1
failure of the Magistrate to award costs in his favour upon granting an adjournment of the proceedings at the instance of the police. Costs can be awarded in those circumstances under section 88(3) of the Justices Act, which reposes a discretion

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in the Justices to order costs as to the Justices appears
just.

That discretion can only be interfered with if it can be shown that a relevant matter has not been taken into account by the

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Magistrate and/or an irrelevant matter has been taken into account, or that he has made an error of principle in making his determination. The Magistrate apparently thought it relevant that the adjournment was not indicative of any lack of good faith by the police, but was just something which had

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occurred by reason of the way in which the proceedings were
developing.

In the circumstances I do not think that the Magistrate's discretion can be interfered with and the appeal is refused.

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2 JUDGMENT 60