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Seiffert v Commissioner of Police[2021] QCA 170

Reported at (2021) 8 QR 415

Seiffert v Commissioner of Police[2021] QCA 170

Reported at (2021) 8 QR 415
CITATION: Seiffert v Commissioner of Police [2021] QCA 170
JUDGE(S): Fraser JA, McMurdo JA, Bradley J
DELIVERED ON: 20 August 2021
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Editorial Notes

  • Published Case Name:

    Seiffert & Ors v Commissioner of Police

  • Shortened Case Name:

    Seiffert v Commissioner of Police

  • Reported Citation:

    (2021) 8 QR 415

  • MNC:

    [2021] QCA 170

  • Court:

    QCA

  • Judge(s):

    Fraser JA, McMurdo JA, Bradley J

  • Date:

    20 Aug 2021

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentMC36194/18, MC36207/18, MC36188/18, MC36197/18 (No citation)24 May 2019Defendant 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 5014 Apr 2020Commissioner 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 120 Aug 2021Defendants 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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