Wilson v Raddatz

[2006] QCA 392

SUPREME COURT OF QUEENSLAND

CITATION:	Wilson v Raddatz [2006] QCA 392
PARTIES:	WILSON, Gregory (applicant) v RADDATZ, Warren Neil (respondent)
FILE NO/S:	CA No 276 of 2006 DC No 5 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension of Time s 118 DCA (Criminal)
ORIGINATING  COURT:	District Court at Maryborough
DELIVERED EX
TEMPORE ON:	10 October 2006
DELIVERED AT:	Brisbane
HEARING DATE:	10 October 2006
JUDGES:	McMurdo P, Williams and Holmes JJA Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for extension of time in which to apply for leave to appeal refused with costs
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL-PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – where applicant was found guilty in Magistrates Court of clearing native vegetation on his freehold land without a permit – where applicant appealed to District Court but his appeal was dismissed with costs – where applicant applied for leave to appeal from District Court order but his application was out of time – where applicant now seeks an extension of time within which to apply for leave to appeal under s 118 District Court of Queensland Act 1967 (Qld) – where applicant has given no satisfactory explanation for why he did not file his application for leave to appeal within the required time – whether the judgment sought to be appealed from was plainly wrong – whether the interests of justice support the extension of time sought – whether applicant would have any prospects of success in his application for leave to appeal
District Court of Queensland Act 1967 (Qld), s 118
Integrated Planning Act 1997 (Qld), s 4.3.1, s 4.3.18
Bone v Mothershaw [2002] QCA 120; CA No 294 of 2001,

12 April 2002, applied

Burns v State of Qld & Anor [2006] QCA 235; Appeal No

526 of 2006, 23 June 2006, applied

COUNSEL:	The applicant appeared on his own behalf D J Grealy for the respondent
SOLICITORS:	The applicant appeared on his own behalf Department of Natural Resources and Water (Queensland)

complaint with a breach of s 4.3.1(1) Integrated Planning Act
1997 (Qld) ("the IPA") that between 1 January 2002 and 30 July
2003 at North Aramara he started an assessable development,
namely clearing of native vegetation on freehold land without
a development permit for the development. He pleaded not
guilty in the Magistrates Court at Maryborough on 1 February
2004. His case was heard in that court on 1 June 2004. On 3
August 2004 the Magistrate found him guilty, did not record a
conviction, fined him $7,500 and ordered him to pay $62.25
costs of court, in default of payment six months imprisonment.
He also ordered him to pay $10,265.33 costs of investigation
and prosecution, in default of payment levy to be made by
execution against his goods and chattels. Mr Wilson was given
six months in which to pay…