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- Unreported Judgment
- Appeal Determined (QCA) Special Leave Sought (HCA)
 QCA 220
COURT OF APPEAL
CA No 236 of 2019
DC No 75 of 2019
PRESTIGE & RICH PTY LTD Applicant
ACN 141 590 383
JANEY ELLEN McGREGOR Respondent
OF THE OFFICE OF FAIR TRADING
MONDAY, 12 OCTOBER 2020
SOFRONOFF P: Justice Boddice will give his reasons first.
BODDICE J: The applicant seeks leave to appeal against its conviction and sentence in relation to an offence of an agent’s failure to pay an amount in dispute of s 28(2)(a) of the Agents Financial Administration Act 2014 (Qld). The applicant committed that offence on 14 April 2016. The applicant was convicted of the offence and sentenced on 18 December 2018. The applicant was fined $5,000 and ordered to pay costs in associated amounts.
The applicant appealed that decision pursuant to s 222 of the Justices Act 1886 (Qld) to the District Court of Queensland. The District Court of Queensland considered the applicant’s appeal against that conviction and sentence and on 20 August 2019 ordered that the appeal be dismissed with costs. In order to obtain leave from this Court, the applicant needs to establish that there has been an error of law in the decision of the District Court of Queensland in dismissing the appeal against conviction and sentence.
The applicant seeks to assert that such an error arises, having regard to the way in which the District Court dealt with the Magistrate provisions. However, a consideration of the applicant’s outline and of the decision in the District Court does not support that conclusion. The reasons of the District Court indicate that the District Court carefully considered each of the applicant’s grounds for appeal against both a conviction and sentence and properly concluded that no error had been established by the applicant to support allowing the appeal against conviction through a sentence.
Nothing in the applicant’s outline or indeed in the oral submissions made on behalf of the applicant have identified an error by way of the reason of the District Court Judge in relation to the dismissal of the appeal against conviction or in relation to the dismissal of the appeal against sentence. The applicant also has not identified any general matters of importance which would support the granting of leave in the current circumstances. As the applicant’s appeal does not have any prospects of success and there are no other reasons for grant of leave, I would refuse leave to appeal.
SOFRONOFF P: I agree.
PHILIPPIDES JA: I also agree.
SOFRONOFF P: The application for leave to appeal is refused. The order of the Court is that the applicant pay the respondent’s costs of the application.
- Published Case Name:
Prestige & Rich Pty Ltd v McGregor
- Shortened Case Name:
Prestige & Rich Pty Ltd v McGregor (No 2)
 QCA 220
Sofronoff P, Philippides JA, Boddice J
12 Oct 2020
|Event||Citation or File||Date||Notes|
|Primary Judgment||Magistrates Court (No Citation)||18 Dec 2018||Prestige & Rich Pty Ltd convicted of an offence under s 28(2)(a) of the Agents Financial Administration Act 2014 (failure to pay an amount of money to the party entitled to it).|
|Primary Judgment|| QDC 151||20 Aug 2019||Appeal against conviction pursuant to s 222 of the Justices Act 1886 (Qld) dismissed: Rackemann DCJ.|
|QCA Interlocutory Judgment|| QCA 225||22 Oct 2019||Application to stay the orders of the District Court made on 20 August 2019 in BD75/2019 and the orders made in the Magistrates Court at Holland Park on 18 December 2018, in matter number 1859/18, pending determination of the application for leave to appeal; application granted: Morrison JA.|
|Notice of Appeal Filed||File Number: Appeal 236/19||12 Sep 2019||-|
|Appeal Determined (QCA)|| QCA 220||12 Oct 2020||Application for leave to appeal refused: Sofronoff P, Philippides JA and Boddice J.|
|Application for Special Leave (HCA)||File Number: B||02 Nov 2020||-|