Blackwood v Hinder

DISTRICT COURT OF QUEENSLAND CITATION: Blackwood v Hinder [2017] QDC 239 PARTIES: SIMON BLACKWOOD (appellant) v COLIN HINDER (respondent) FILE NO/S: 4881/15 DIVISION: Criminal PROCEEDING: Appeal under s 222 of the Justices Act ORIGINATING COURT: Brisbane Industrial Magistrates Court DELIVERED ON: 29 September 2017 DELIVERED AT: Brisbane HEARING DATE: 6 May 2016 JUDGE: Horneman-Wren SC, DCJ ORDER: Appeal allowed. 1.           Set aside the orders of the Brisbane Industrial Magistrates Court made on 23 November 2015.2.           3.          Remit the matter to the Brisbane Industrial Magistrates Court to be heard and determined according to law. CATCHWORDS: APPEAL – WORKERS COMPENSATION AND REHABILITATION – INDUSTRIAL MAGISTRATES COURT – whether the relevant knowledge of the Regulator or WorkCover bringing the proceeding is the correct construction to be applied under s579(b)(ii) of Workers’ Compensation and Rehabilitation Act 2003 – where the law to be applied is that which was in force at first instance – where the Magistrate erred in determining that the relevant knowledge of WorkCover extended to knowledge of any employee under s579(b)(ii) of Workers’ Compensation and Rehabilitation Act 2003 - where the Magistrate erred in determining a WorkCover employee had the requisite knowledge of the facts sufficient to establish the respondent’s contravention – where the Magistrate erred in awarding discretionary costs at a higher amount under s 158B(2) of the Justices Act 1886 – where appeal allowed COUNSEL: Ms PM Clohessy for the appellant Mr AF Maher for the respondent SOLICITORS: Crown Law Queensland for the appellant Carter Capner for the respondent...