Court of Appeal

Thiess Pty Ltd v Hall [2014] QCA 129 ; [2015] 2 Qd R 125 (13/5811) Margaret McMurdo P and Holmes and Morrison JJA 3 June 2014

Full-text: QCA14-129.pdf

Catchwords

MAGISTRATES GENERALLY POWERS AND DUTIES GENERALLY where the third respondent filed a complaint alleging that the appellant had breached obligations imposed by the Workplace Health and Safety Act 1995 where the complaint contained charges expressed in the alternative where the third respondent had not appealed a trial division judge's earlier decision in the same proceedings that summary charges could not be brought in the alternative so that the complaint was not in a form authorised by s 43 of the Justices Act whether the principle of finality of judgment should preclude this court from revisiting that conclusion

MAGISTRATES GENERALLY POWERS AND DUTIES GENERALLY where the third respondent filed a complaint alleging that the appellant had breached obligations imposed by the Workplace Health and Safety Act 1995 where the complaint contained charges expressed in the alternative where the primary judge held that an industrial magistrate had an implied power to strike out part of the complaint where it was necessary to enable the court to act effectively within its jurisdiction, such a power not being inconsistent with the express powers of election and amendment contained respectively in s 43 and s 48 of the Justices Act 1886 whether the case was one of incorrect joinder under s 43 of the Justices Act so as to enliven the express power to require election contained in s 43(3)(a), with an implied power to strike out the count not proceeded on where the appellant had conceded below that s 43(3)(a) was not applicable whether the point should nonetheless be decided