Tseng v Brisbane City Council (No 2)

DISTRICT COURT OF QUEENSLAND CITATION: Tseng v Brisbane City Council (No 2) [2021] QDC 327 PARTIES: EN-TZU TSENG(appellant)vBRISBANE CITY COUNCIL (respondent) FILE NO: 3358 of 2019 DIVISION: Appellate PROCEEDING: Appeal ORIGINATING COURT: Magistrates Court at Brisbane DELIVERED ON: 17 December 2021 DELIVERED AT: District Court at Brisbane HEARING DATE: On the papers JUDGE: Sheridan DCJ ORDER: The appellant pay the respondent’s costs of the appeal in an amount of $3,000.00. CATCHWORDS: MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND – APPEAL – where appeal dismissed – where pursuant to s 7 of the Natural Assets Local Law 2003 (Qld) the appellant was convicted of 62 offences of having caused or permitted protected trees to be interfered with and two further offences of failing to comply with the Compliance Notice and failing to comply with the extended time for compliance – whether appellant should be ordered to pay the costs of the respondent Justices Act 1886 (Qld), s 226, s 232A, Justices Regulation 2014 (Qld), sch 2 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534, cited SOLICITORS: Self-represented for the appellant M Thomas from City Legal for the respondent IntroductionOn 29 November 2021, I gave my substantive decision dismissing the appeal. I made orders permitting the parties to file submissions as to costs.  Ms Tseng was required to file her submissions by 10 December 2021 and the Council was required to file its submissions by 16 December 2021.  No submissions were filed Ms Tseng but submissions were filed by the...