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Collier v Hinds & Anor [2013] QDC 5

Case law · Queensland · 2013
DISTRICT COURT OF QUEENSLAND CITATION: Collier v Hinds & Anor [2013] QDC 5 PARTIES: COLLIER (Applicant) AND HINDS & ANOR (Respondent) FILE NO/S: 3046/2012 PROCEEDING: Application DELIVERED ON: 15 January 2013 DELIVERED AT: Brisbane JUDGE: Samios DCJ ORDER: 1. Paragraphs 1 and 2 of the application filed 10 January 2013 are dismissed. COUNSEL: The Applicant represented herself via telephone. The Respondent was not present. E F Kennedy for the second Respondent. SOLICITORS: The Applicant represented herself via telephone. The Respondent was not present. Queensland Police Solicitors for second Respondent. -- 1 of 2 -- [1] The application before me insofar as is relevant seeks to set aside orders 4 (b) and (c) - 6(a), (b) and (c)----- [2] The transcript shows the following exchange took place between the Applicant and His Honour. APPLICANT: Can I just butt in? Actually (b) has sort of been sorted out so we don't have to include 4(b) anymore. HIS HONOUR: All right, but, in any event, just for completeness----- APPLICANT: Yes. HIS HONOUR: -----you seek 4(b) and (c), 6(a), (b) and (c), 7 and 8 of Judge Kingham's orders, made on the 28th of November 2012. Now, on the evidence before me, I am not satisfied that I have jurisdiction to set aside those orders and I therefore refuse to set aside those orders made by Judge Kingham. HIS HONOUR: And, secondly, insofar as your application seeks a subpoena to be issued to Police Commissioner Ian Stewart to give evidence at the hearing on the 11th of March 2013, I am not satisfied there is any basis for such a subpoena to be issued to the Police Commissioner and----- HIS HONOUR: -----therefore, I refuse that order that is sought in this application. ... HIS HONOUR: Therefore, paragraphs one and two of the application filed 10 January 2013 is dismissed. -- 2 of 2 --