Merrin v Commissioner of Police; Merrin & Anor v Commissioner of Police

[2012] QCA 181

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Self-represented litigants
4. › Whether travel expenses recoverable as costs
5. › Whether costs limited to indemnity for legal costs actually incurred
6. › Justices Act 1886 (Qld), s 158(1)
7. › Justices Regulation 2004 (Qld), sch 2
1. Practice and Procedure
2. › Appeal by leave of court
3. › District Court appellate jurisdiction
4. › Test for leave to appeal under s 118(3)
5. › Whether substantial injustice and reasonable argument of error
6. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Practice and Procedure
2. › Precedent
3. › Conflicting decisions of same court
4. › Whether earlier decision inconsistent with High Court authority should be followed
1. Criminal Law
2. › Appeal
3. › Appeal by way of rehearing
4. › Role of appellate court on questions of fact
5. › Deference to trial court's assessment of witness credibility
6. › Justices Act 1886 (Qld), s 222

Quick Take

Self-represented litigants who successfully defend criminal charges in Queensland magistrates courts cannot recover travel expenses as part of a costs order under s 158(1) of the Justices Act 1886 (Qld). Costs are limited to filing and other court fees, following Cachia v Hanes (1994) 179 CLR 403. Commissioner of Police Service v Merrin [2002] QCA 480 should not be followed on this point.