Ashton v Cassowary Coast Regional

DISTRICT COURT OF QUEENSLAND CITATION: Ashton v Cassowary Coast Regional [2017] QDC 203 PARTIES: GEOFFREY JOHN ASHTON (appellant)vCASSOWARY COAST REGIONAL COUNCIL (respondent) FILE NO/S: APPEAL NO: 216 of 2016 DIVISION: Appellate PROCEEDING: Appeal ORIGINATING COURT: Magistrates Court, Cairns DELIVERED ON: 3 February 2017 DELIVERED AT EX TEMPORE: Cairns HEARING DATE: 3 February 2017 JUDGE: Morzone QC DCJ ORDER: 1.   The judgment and orders of the Innisfail Magistrates Court made on 22 November 2016 in proceeding 19 of 2016 will be stayed until the determination of the appeal number 7 of 2016 2.   Costs of the proceeding are reserved and will be determined in conjunction with the appeal in due course CATCHWORDS: CIVIL PROCEDURE – APPEAL –application for stay the decision and the enforcement of the orders for forced removal of a vessel from a mooring – consideration of merits of appeal – where substance of the appeal would be rendered a futility - dispute of identify of first respondent - defective service and absence of proper party at the hearing - proceeding determined in the absence of the first respondent – Magistrates’ Court mislead by omission of critical information as to service – good prospects of appeal – no disadvantage or prejudice to the respondent if stay granted - application for stay allowed – costs. Legislation Land Act 1994 Cases Croney v Nand [1992] 2 Qd R 342Kowalski v Public Trustee(2) [2011] QSC 384 SOLICITORS: Self-represented for the AppellantVandeleur & Todd Prosecutions for the respondent The applicant, Geoffrey John Ashton,...