Durham v Queensland Police Service [2011] QDC 361

1-1 [2011] QDC 361 DISTRICT COURT APPELLATE JURISDICTION JUDGE ROBERTSON No 32 of 2010 TROY JAMES DURHAM Appellant and QUEENSLAND POLICE SERVICE and VICTOR ARNOLD TIPMAN Respondents MAROOCHYDORE ..DATE 09/12/2011 ORDER -- 1 of 2 -- 1-2 ORDER 1 10 20 30 40 50 60 HIS HONOUR: This is an appeal lodged by Troy James Durham in the Gympie District Court on the 27th of October 2010 against a decision made by her Honour Magistrate Baldwin on the 29th of September 2010, convicting the appellant of a number of traffic offences for which fines and disqualifications were imposed. The appeal was against conviction only. The appellant has failed to comply with the relevant practice direction. On the 14th of October 2011 the matter was bought on by the Office of the Director of Public Prosecutions at Maroochydore for mention on the basis that the appellant had not complied with the practice direction, and I ordered, in the absence of the appellant who failed to appear, that he file and serve his outline of submissions on or before the 4th of November 2011, and in the event that he complied with that order, the respondent had time in which to file its outline of submissions. Paragraph 3 of the order was that: "In the event that the appellant fails to comply with order 1, the appeal will be struck out on the hearing today". The appellant has failed to comply with the order in that he has failed to file and serve his outline of submissions. It follows, therefore, that the appeal should be struck out and I so order. ----- -- 2 of 2 --