Sargent v Department of Natural Resources, Minister for

[1999] QCA 289

99.289

COURT OF APPEAL
SHEPHERDSON J
DERRINGTON J

DOUGLAS J

Appeal No 3384 of 1999

JOHN G SARGENT	Appellant
and
THE MINISTER FOR THE DEPARTMENT
OF NATURAL RESOURCES	First Respondent
and
SOUTH EAST QUEENSLAND ELECTRICITY BOARD	Second Respondent
and
POWERLINK	Third Respondent

BRISBANE
..DATE 27/07/99
270799 T21/CAL35 M/T COA168/99
SHEPHERDSON J: On 14 April 1999 the present
applicant, John G Sargent, filed a notice of appeal
against a decision of the Chief Justice delivered on
7 April 1999. In that notice of appeal he named an
extra respondent, the Minister for the Department of
Natural Resources.
On 24 May 1999 the Minister applied to the Court of
Appeal seeking inter alia an order that his name be
removed from the record. On 3 June 1999 the
President of the Court of Appeal and Mr Justice

Demack made the following orders.

1) The application for leave to appeal and the
purported notice of appeal, as far as they
named the Minister for the Department of
Natural Resources, must be struck out as
against the Minister for the Department of
Natural Resources.

2)    The respondent/Mr Sargent pay the costs of the Minister of this application.

On 22 June 1999 Mr Sargent filed a notice of motion,
returnable before the Court of Appeal today. I
gather it was to come on at 10.15 this morning, but
it was heard at 2.15 this afternoon. A number of
orders were sought, but the only order which he
pressed or the only order which he pressed for was
to, in effect, have the order of the President and
270799 T21/CAL35 M/T COA168/99
Mr Justice Demack of 3 June 1999 "dismissed".
He made it quite plain during his address to the
Court that he wants the Minister for the Department
of Natural Resources restored as a party to his
appeal against the decision of the Chief Justice.
This has been opposed and we heard argument from Mr
McLeod for the Minister as well as argument from the
applicant, Mr Sargent.

The matter of the dismissal of the Minister as a party to the appeal has already been adjudicated upon by this Court. I have heard nothing further in the argument today which suggests that that order was in any way incorrect, but there is an even greater reason for dismissing the present application and that is that the application, in effect, seeks to appeal an order already made by this Court. I doubt whether this Court has jurisdiction to deal with the case. If I should be wrong in that doubt and the Court does have jurisdiction I would nevertheless dismiss the application.

On the question of costs we heard argument - and it
seems to me that costs should follow the event - I
would order that the applicant, John G Sargent, pay
the costs of the Minister for the Department of
Natural Resources of and incidental to the notice of
motion to be taxed.
270799 T22/PMD18 M/T COA168/99

As for the costs of the other two respondents we heard argument from Mr Jones, who had appeared, and we indicated during the course of argument that this Court would make no order as to costs in respect of the other respondents' costs.

DERRINGTON J: I agree.

DOUGLAS J: I agree.

SHEPHERDSON J: Well, the order of the Court then is notice of motion dismissed. Order that the applicant, John G Sargent, pay the costs of the Minister for the Department of Natural Resources of and incidental to the notice of motion to be taxed.

No order as to costs in respect of other

respondents who appeared this afternoon.

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