Storry v Commissioner of Police & Anor

[2021] QCA 230

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending application for special leave to appeal to High Court
4. › Whether utility in granting stay
5. › Whether stay necessary to protect applicant's interests
1. Practice and Procedure
2. › Jurisdiction
3. › Court of Appeal
4. › Appeal from Magistrates Court
5. › Whether Court of Appeal has jurisdiction to hear appeal from Magistrates Court
6. › Whether Court of Appeal can stay Magistrates Court judgment
7. › District Court of Queensland Act 1967 (Qld), s 112
1. Practice and Procedure
2. › Costs
3. › Costs following the event
4. › Whether costs should be reserved where proceeding brought to an end

Quick Take

Confirms that the Queensland Court of Appeal has no jurisdiction to entertain appeals from Magistrates Court judgments, and that s 61(2)(b) of the Supreme Court of Queensland Act 1991 does not empower the Court of Appeal to transfer proceedings over which it lacks jurisdiction.