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Coronis v Jilt Pty Ltd[2011] QCA 320

Coronis v Jilt Pty Ltd[2011] QCA 320

COURT OF APPEAL

MARGARET McMURDO P

CHESTERMAN JA

MARGARET WILSON AJA

Appeal No 6355 of 2011

DC No 393 of 2004

IRENE CORONISAppellant/Plaintiff

and

JILT PTY LTDFirst Respondent/Defendant

and

LESLIE JAMES WILLIAMSSecond Respondent/Defendant

BRISBANE 

DATE 10/11/2011

JUDGMENT

THE PRESIDENT:  The appellant in this matter, Irene Coronis, who has chosen to appear by telephone from Cairns, has asked that she be represented today at the hearing by her husband, Mr James Bradshaw, who is present, as he is a party in the next appeal the Court is to hear.

Mr Bradshaw was a barrister but currently does not hold a practising certificate.  She asks that he be permitted to appear today, not as a barrister on her behalf, but as a husband and friend and she expressed her great confidence in him.

There are three reasons why I consider the application should be refused. 

The first is because, as this Court explained in Coffey v State of Queensland & Ors [2010] QCA 291 at [38], the Legal Profession Act 2007 (Qld) which requires that only persons with a current practising certificate can appear before the Court is designed to protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by those who are properly qualified to do so and to protect consumers by ensuring that persons carrying out legal work are entitled to do so.

The second is that Ms Coronis has put in very detailed written submissions in this case and, in that respect, she has clearly had the assistance of Mr Bradshaw.  She has put in a written address, as well as a synopsis of argument and a reply to the respondent's outline of argument.  It is difficult to see what more could be done on her behalf to put the arguments she has.

The third and very significant factor is that Mr Bradshaw was a witness in this case at first instance and it is a well established point of practice that a barrister should not appear before the courts in cases where the barrister is a witness in the case.

For those three reasons, I do not consider it would be appropriate in this case for Mr Bradshaw to appear for the appellant or to assist the Court.

CHESTERMAN JA:  I agree.

MARGARET WILSON AJA:  I agree.

Close

Editorial Notes

  • Published Case Name:

    Coronis v Jilt Pty Ltd & Anor

  • Shortened Case Name:

    Coronis v Jilt Pty Ltd

  • MNC:

    [2011] QCA 320

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Chesterman JA, M Wilson AJA

  • Date:

    10 Nov 2011

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2008] QDC 24308 Oct 2008Defendant applied for summary judgment or alternatively that the plaintiff's pleadings be struck out; application adjourned: Everson DCJ
Primary Judgment[2009] QDC 31406 Oct 2009Defendant applied for orders striking out plaintiff's statement of claim and requiring further and better particulars; various paragraphs struck out with leave to replead and particulars ordered: Wilson SC DCJ
Primary JudgmentDC No 393 of 2004 (no citation)24 Jun 2011Plaintiff claimed damages against the defendant for breach of an alleged collateral contract and unconscionable conduct relating to the sale of her property; defendant counterclaimed for damages in conversion, breach of tenancy agreement and unpaid rent; plaintiff's claim dismissed and judgment for the defendant in the sum of $8,510 plus interest: Harrison DCJ
QCA Interlocutory Judgment[2011] QCA 32010 Nov 2011Plaintiff applied for leave to be represented by her husband, a former barrister, at the hearing of the appeal; application refused: M McMurdo P, Chesterman JA and M Wilson AJA
Appeal Determined (QCA)[2012] QCA 66 [2013] 1 Qd R 10423 Mar 2012Plaintiff appealed against decision of Harrison DCJ; appeal dismissed with costs: M McMurdo P, Chesterman JA and M Wilson AJA
Special Leave Refused (HCA)[2013] HCASL 226 Feb 2013Plaintiff applied for special leave to appeal against [2012] QCA 66; application dismissed: Heydon and Bell JJ

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

Cases Cited

Case NameFull CitationFrequency
Coffey v State of Queensland [2010] QCA 291
1 citation

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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