Von Schulz v Durrant

[2000] QCA 235

SUPREME COURT OF QUEENSLAND

CITATION:

Von Schulz v Durrant [2000] QCA 235

PARTIES:

KARL VON SCHULZ
(defendant/appellant)
v
JILLIAN ELIZABETH DURRANT
(plaintiff/respondent)

FILE NO/S:

Appeal No 1722 of 2000
DC No 2362 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

Application for leave s 118 DCA (Civil)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

16 June 2000

DELIVERED AT:

Brisbane

HEARING DATE:

18 April 2000

JUDGES:

McMurdo P, Ambrose and Fryberg JJ
Judgment of the Court

ORDER:

Application granted.  Time for filing notice of appeal extended to 27 March 2000.  Appeal allowed.  Order of District Court made on 2 December 1999 set aside.  Order that the matter continue in the District Court in accordance with law.

CATCHWORDS:

MAGISTRATES – APPEALS – QUEENSLAND – PRELIMINARY PROCEDURE – Other matters – Non-compliance with statutory conditions – Justices Act s 222.

PROCEDURE – INFERIOR COURTS – QUEENSLAND – MAGISTRATES COURTS – Appeal – Practice – Generally – Non-compliance with statutory conditions – Justices Act s 222.

APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – Extension of time – Whether to grant an extension for filing a notice of appeal – Failure of court below to consider application for adjournment.

Courts Reform Amendment Act 1997, s 47, s 62(1)
District Court Act 1967(Qld), s 52, s 118
Justices Act 1886 (Qld), s 222, s 222(2)(a)(i), s 222(2)(a)(ii), s 222(2)(c), s 223, s 224, s 224A, s 229(i)
Uniform Civil Procedure Rules 5(3)

Carey v Armstrong (1972) 66 QJPR 136, referred
Exon v White [1976] Qd R 126, referred
Forsyth v O'Connor (1970) 66 QJPR 38, referred
R v Lewis [1998] QCA 247; [1999] 2 Qd R 636, referred
R v Tait [1998] QCA 304; [1999] 2 Qd R 667, referred
Reg v The Judge of the District Court at Brisbane and Davies; ex parte Allen [1969] Qd R 114, referred
Scottorn v Howard (1971) 66 QJPR 34, referred
Stinson v The Pharmacy Board of Queensland [1995] 1 Qd R 567, referred
White v White (No 2) [1923] St R Qd 69, referred

COUNSEL:

The appellant appeared on his own behalf
A J Rafter for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Brisbane City Legal Practice for the respondent

1. THE COURT: Pursuant to s 118 of the District Court Act 1967, the applicant seeks leave to appeal from a decision of the District Court and a consequential extension of time within which to appeal. The respondent has agreed that the argument on the application may be taken as the argument on the hearing of the appeal.

1. On 11 May 1999, the applicant was convicted in the Magistrates Court at Brisbane of a parking offence. To some extent, the conviction depended upon adverse findings of credibility made by the magistrate. The applicant was fined $60 and ordered to pay costs. On 10 June 1999, he served a notice of appeal to the District Court on the respondent and on the clerk of the Court under s 222(2)(a)(i)…