Double Time Pty Ltd v Ryan [2001] QCA 57

PROCEDURE - INFERIOR COURTS - QUEENSLAND - DISTRICT COURTS - CIVIL JURISDICTION - APPEAL AND NEW TRIAL - applicant sought leave to appeal against District Court Judge's dismissal of appeal for want of jurisdiction - appeal dismissed where applicant failed to enter in required recognizance within time, and second respondent refused to waive consequences of non-compliance - whether second respondent a party to appeal such that his waiver refusal could be determinative of jurisdiction - where s 222(2)(a)(i) Justices Act requires service of notice of appeal on 'the person concerned in upholding (the) decision'

PROCEDURE - INFERIOR COURTS - QUEENSLAND - DISTRICT COURTS - CIVIL JURISDICTION - JURISDICTION - whether second respondent's view could be determinative of jurisdiction - applicability of ex parte Allen - effect of s 229(1) Justices Act - whether late compliance should instead be viewed as an irregularity enlivening a discretion in the Court whether or not to proceed

Appeal Costs Fund Act 1973 (Qld), s 15, s 15(1)

Justices Act 1886 (Qld), s 39, s 222, s 222(2)(a)(i), s 222(2)(a)(ii), s 222(2A), s 229(1)

Carey v Armstrong (1972) 66 QJPR 136, considered

Forsyth v O'Connor (1970) 66 QJPR 38, considered

R v the Judge of the District Court at Brisbane and Davies; ex parte Allen [1969] QdR 114, distinguished

Scottorn v Howard (1972) 66 QJPR 34, considered

Von Schulz v Durrant [2000] QCA 235, considered

Carey-Lin (not of counsel) appeared with leave for the second respondent

Carey-Lin appeared with leave for the second respondent