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Thiess Pty Ltd v Industrial Magistrate Elizabeth Hall & Ors
Shortened Case Name:
Thiess Pty Ltd v Hall
MNC:
[2013] QSC 130
Court:
QSC
Judge(s):
Boddice J
Date:
28 May 2013
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
(No citation)
28 May 2010
Thiess brought an application to strike out a complaint and summons brought against it in the Industrial Magistrates Court in respect of a work place death. Application dismissed and amendment of the complaint and summons was permitted to allow two charges rather than two alternative charges to be pressed: Industrial Magistrate Lee.
Primary Judgment
[2011] ICQ 10
12 Apr 2011
The Industrial Magistrate was right to exercise the power to amend the complaint under s 48 of the Justices Act by deleting the words “In the alternative”, instead of striking out the complaint. Appeal dismissed: D.R. Hall, President, Industrial Court.
Primary Judgment
[2011] QSC 294 [2012] 2 Qd R 387
13 Oct 2011
Application for judicial review of [2011] ICQ 10. Declaration that with respect to the amended Complaint of Adam John Low dated 27 November 2009, that s 43 of the Justices Act does not authorise two matters of complaint to be pleaded in the alternative. A declaration, with respect to the same complaint that s 48 of the Justices Act does not authorise, by way of amendment, the removal of the words “in the alternative” from the said amended Complaint: Applegarth J.
Primary Judgment
(No citation)
30 May 2012
Thiess again applied to the Industrial Magistrates Court for an order that the amended complaint be struck out. It submitted that as the words “in the alternative” were not ‘joined’ within the meaning of s 43 of the Act, the complaint could not properly be amended pursuant to s 48 the Act. As there was nothing in the Act that otherwise gave the third respondent the ability to cure the defect, the complaint should be struck out. Application dismissed: Industrial Magistrate Elizabeth Hall.
Primary Judgment
[2012] ICQ 22
19 Oct 2012
Appeal from Industrial Magistrate's decision dated 30 May 2012. Appeal dismissed on the basis the Industrial Magistrates Court had an implied power to act on the prosecutor’s election by striking out the charge on which the complainant elected not to proceed: D.R. Hall, President, Industrial Court.
Primary Judgment
[2013] QSC 130
28 May 2013
Application for judicial review of [2012] ICQ 22 dismissed: Boddice J
QCA Interlocutory Judgment
[2014] QCA 203
22 Aug 2014
No order as to the costs of the appeal: McMurdo P, Holmes JA, Morrison JA.
Appeal Determined (QCA)
[2014] QCA 129 [2015] 2 Qd R 125
03 Jun 2014
Appeal in respect of [2013] QSC 130 dismissed: McMurdo P, Holmes JA, Morrison JA.
Appeal Status
Appeal Determined (QCA)
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