Kosteska v Webber & Ors

[2010] QCA 138

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Practice and procedure
3. › Stay of execution pending appeal
4. › Whether stay available where only application for leave to appeal on foot
5. › Requirement that appeal be on foot
6. › Uniform Civil Procedure Rules 1999 (Qld), r 761(2)
1. Practice and Procedure
2. › Stay of execution
3. › Jurisdiction
4. › Whether Supreme Court of Queensland can stay orders of Federal Magistrates Court
1. Administrative Law
2. › Judicial review
3. › Judicial Review Act 1991 (Qld)
4. › Whether decisions of Magistrates Court are susceptible to review
5. › Whether privative clause ousts jurisdiction
6. › Judicial Review Act 1991 (Qld), ss 13, 18
7. › Magistrates Court Act 1921 (Qld), ss 43, 45

Quick Take

A stay of execution under UCPR r 761(2) cannot be granted where only an application for leave to appeal has been filed; an appeal must be on foot. The Supreme Court of Queensland has no jurisdiction to stay orders of the Federal Magistrates Court. Section 43 of the Magistrates Court Act 1921 (Qld) is not invalidated by the Kirk principle regarding privative clauses because s 45 provides an avenue of appeal to the District Court.

Case Details

Citation[2010] QCA 138

CourtQCA

JurisdictionQueensland

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Relies on4

2010Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs)HCA 1
2005Perovich & Anor v ASICQCA 456
2004Bell v Bay-JespersenQCA 68
2001Stone v Copperform Pty LtdQCA 7

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