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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:

  1. The respondent pay the applicant’s costs of the appeal in this Court to be assessed on the standard basis if not otherwise agreed.
  1. 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. [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. [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:
  1. (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.
  2. (b)
    There be no further order as to costs.

Footnotes

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

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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

{solid} Appeal Determined (QCA)