Tseng v Brisbane City Council

TSENG
v
BRISBANE CITY COUNCIL
[2023] HCASL 92
B61/2022

The applicant seeks special leave to appeal from the whole of the judgment of the Court of Appeal of the Supreme Court of Queensland (McMurdo and Dalton JJA and Boddice J) dismissing an application for leave to appeal against a decision of the District Court of Queensland (Sheridan DCJ) which upheld the applicant's conviction on 64 charges contrary to the Natural Assets Local Law 2003 and made costs orders adverse to the applicant.
The proposed ground of appeal does not raise any question of law or principle of general importance sufficient to warrant a grant of special leave to appeal. The application should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

J.J. Edelman J.M. Jagot

8 June 2023

CaseChat Overview and Summary

The matter before the High Court was an application for special leave to appeal from the Court of Appeal of the Supreme Court of Queensland. The applicant, Tseng, was appealing against the dismissal of his application for leave to appeal against a decision of the District Court of Queensland. The District Court had upheld Tseng's conviction on 64 charges under the Natural Assets Local Law 2003 and made orders for costs against him. The application for special leave to appeal was considered by McMurdo, Dalton, and Boddice JJA of the Court of Appeal, who dismissed it. The applicant now sought special leave to appeal from the whole of the Court of Appeal's judgment.

The legal issues before the High Court were whether the proposed ground of appeal raised any question of law or principle of general importance sufficient to warrant a grant of special leave to appeal. The applicant argued that the Court of Appeal had erred in dismissing his application for leave to appeal. The High Court was required to determine whether the application for special leave to appeal should be granted or refused.

The High Court found that the proposed ground of appeal did not raise any question of law or principle of general importance sufficient to warrant a grant of special leave to appeal. The Court held that the applicant had not demonstrated that the case had any significant legal issues or that it was in the interests of justice to grant special leave to appeal. The Court concluded that the application should be refused. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the application. Justices Edelman and Jagot delivered the judgment on 8 June 2023.

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