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Commissioner of Police v Beau Richard Seiffert & Ors
Shortened Case Name:
Commissioner of Police v Seiffert
MNC:
[2020] QDC 50
Court:
QDC
Judge(s):
Rafter SC DCJ
Date:
14 Apr 2020
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
MC36194/18, MC36207/18, MC36188/18, MC36197/18 (No citation)
24 May 2019
Defendant WHS entry permit holders attended workplace purporting to exercise authority under Work Health and Safety Act 2011 (Qld) ss 117-118; workplace disputed defendants’ authority and asked them to leave; industrial inspectors called were unable to assist in resolving dispute; defendants refused to leave and were charged with trespass; no-case submission upheld, charges dismissed, defendants awarded costs in amount higher than that calculated in accordance with prescribed scale.
Primary Judgment
[2020] QDC 50
14 Apr 2020
Commissioner of Police’s appeals under Justices Act 1886 (Qld) s 222 against dismissal of charges and decision that higher schedule of costs applied allowed; orders of Magistrates Court set aside; proceedings remitted to Magistrates Court to proceed according to law: Rafter SC DCJ.
Appeal Determined (QCA)
[2021] QCA 170 (2021) 8 QR 415; (2021) 309 IR 424; (2021) 291 A Crim R 1
20 Aug 2021
Defendants granted leave to appeal [2020] QDC 50, appeals allowed, orders set aside, Commissioner pay defendants’ costs of [2020] QDC 50 and [2021] QCA 170; evidence incapable of proving defendants acted unlawfully in circumstances where conditions of ss 117-118 satisfied and authority conferred thereby not subject to qualifications advanced by Commissioner; no error in exercise of discretion to find that higher amount for costs was just and reasonable: Fraser JA, McMurdo JA, Bradley J.
Appeal Status
Appeal Determined (QCA)
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