THE QUEENvMONTEFORTE

[2015] QCA 3

[2015] QCA 3

COURT OF APPEAL

MARGARET McMURDO P
MORRISON JA
JACKSON J

CA No 180 of 2014
DC No 217 of 2013
DC No 224 of 2013

THE QUEEN

v

MONTEFORTE, James

BRISBANE

WEDNESDAY, 4 FEBRUARY 2015

JUDGMENT

THE COURT: This is an application for an extension of time for leave to appeal under s 118, District Court of Queensland Act 1967, (Qld). The applicant was originally convicted of two speeding offences and fined in the Cairns Magistrates Court. He appealed to the Cairns District Court under s 222 Justices Act 1886 (Qld). A transcript shows that he consented to his appeals being dismissed, even though the judge offered him an adjournment because of his manifest ill-health.

He subsequently brought this application in an effort to overturn the District Court judge’s orders, made with his consent, dismissing his appeals.  Tragically, since filing his application, the applicant died on 19 December 2014.  A death certificate to that effect has been filed in the Registry.

The material before this Court does not support the granting of his application.  His separated wife and his carer at the time of his death, Ms Ilona Margaret Monteforte, has notified the Registry that the applicant nominated her to deal with his affairs after his death.  She has requested that this application be discontinued.

In any case, in our view, the right conferred upon a person to apply for leave to appeal under s 118(3) of the District Court of Queensland Act from a judgment of the District Court upon an appeal brought before that court under s 222 of the Justices Act 1886 (Qld) does not continue after death. It does not vest in and is not exercisable by any other person.

The respondent is agreeable to this matter being dealt with on the papers and has not sought to make any submissions.  In these circumstances the order must be that the application for an extension of time for leave to appeal is refused and the Court so orders.  Adjourn the Court.