Burke v Qld & Ors

[2014] QCA 200

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time to appeal
3. › Relevant factors
4. › Merits of proposed appeal as decisive factor
5. › Whether proposed grounds of appeal had any prospects of success
6. › Uniform Civil Procedure Rules 1999 (Qld), r 748
1. Appeal
2. › General principles
3. › Interference with judge's findings of fact
4. › Findings based on credibility of witnesses
5. › Whether trial judge failed to use or palpably misused advantage of seeing witnesses
1. Appeal
2. › Admission of further evidence
3. › Special grounds requirement
4. › Whether evidence could have been obtained with reasonable diligence
5. › Uniform Civil Procedure Rules 1999 (Qld), r 766
1. Appeal
2. › Points and objections not taken below
3. › Party bound by conduct of case at trial
4. › Whether exceptional circumstances exist to raise new matters on appeal

Quick Take

The case confirms that an appellate court will not disturb a trial judge's credibility-based findings unless the Devries criteria are met, and that a party is bound by counsel's conduct of the case at trial absent exceptional circumstances. Jackson J's separate reasons (minority) provide a detailed analysis of the narrow construction of s 365(2) of the Police Powers and Responsibilities Act 2000 (Qld), emphasising that the power of arrest for questioning or investigation must be genuinely engaged as a jurisdictional fact and cannot be used as a general detention power.