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Appeal Determined (QCA)

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Wassmuth v Commissioner of Police (No 2)

[2018] QCA 320

SUPREME COURT OF QUEENSLAND

CITATION:	Wassmuth v Commissioner of Police [2018] QCA 320
PARTIES:	WASSMUTH, Candice Louise (applicant) v COMMISSIONER OF POLICE (respondent)
FILE NO/S:	CA No 247 of 2017 DC No 337 of 2016
DIVISION:	Court of Appeal
PROCEEDING:	Application for Leave s 118 DCA (Criminal) – Further Orders Appeal against Conviction – Further Orders
ORIGINATING COURT:	District Court at Townsville – Date of Conviction: 22 September 2017 (Durward SC DCJ)
DELIVERED ON:	16 November 2018
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGES:	Philippides JA and North and Henry JJ
ORDERS:	The respondent pay the applicant’s costs of the appeal in this Court to be assessed on the standard basis if not otherwise agreed. There be no further order as to costs.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – COSTS District Court of Queensland Act 1967 (Qld), s 118, s 119 Wassmuth v Commissioner of Police [2018] QCA 290, referred to
COUNSEL:	J A Greggery QC for the applicant M L Franklin for the respondent
SOLICITORS:	Purcell Taylor Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent

[1]
THE COURT: On 26 October 2018 the parties were directed to lodge and serve written submissions with respect to the costs of the proceedings in this Court. For the reasons published that day the applicant was successful in obtaining a grant of leave to appeal and in the appeal under s 118(3) of the District Court of Queensland Act 1967 (“the Act”).^[1]
[2]
In those premises the applicant sought an order for the costs of the appeal under s 119(2)(c) of the Act. But it is not necessary to consider this further as the parties have agreed on the orders. Accordingly it is ordered that:

(a)
The respondent pay the applicant’s costs of the appeal in this Court to be assessed on the standard basis if not otherwise agreed.
(b)
There be no further order as to costs.

Footnotes

[1] See Wassmuth v Commissioner of Police [2018] QCA 290.

Editorial Notes

Published Case Name:
Wassmuth v Commissioner of Police
Shortened Case Name:
Wassmuth v Commissioner of Police (No 2)
MNC:
[2018] QCA 320
Court:
QCA
Judge(s):
Philippides JA, North J, Henry J
Date:
16 Nov 2018

Litigation History

Event	Citation or File	Date	Notes
Primary Judgment	Magistrates Court (No Citation)	16 Aug 2016	Wassmuth convicted on one charge of disobeying a lawful order.
Primary Judgment	DC337/16 (No Citation)	22 Sep 2017	Appeal dismissed: Durward SC DCJ.
Appeal Determined (QCA)	[2018] QCA 290	26 Oct 2018	Leave to appeal granted; appeal allowed; order of District Court of 22 September 2017 set aside; conviction entered in Magistrates Court at Townsville on 16 November 2016 quashed and verdict of not guilty entered: Philippides JA and North and Henry JJ.
Appeal Determined (QCA)	[2018] QCA 320	16 Nov 2018	Appeal costs order: Philippides JA and North and Henry JJ.

Appeal Status

Appeal Determined (QCA)

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