Thomas, Rowland William v Ducret, Alan Raymond & Anor [1983] FCA 115

Thomas, Rowland William v Ducret, Alan Raymond & Anor [1983] FCA 115

Special reasons existed justifying the grant of leave to appeal out of time, due to the existence of arguable grounds relating to the lawfulness and construction of the orders resulting in imprisonment for non-payment of fines. However, in the first application, bail and a stay of proceedings were refused as the case did not present exceptional circumstances warranting departure from Hayes v. The Queen. In the later application, new circumstances, including partial payment of fines and calculation of remissions, rendered the case exceptional, and bail was granted conditional on recognizance and surety.

Parties
Applicant: Rowland William Thomas; Respondents: Alan Raymond Ducret and another
Jurisdiction
Australia
Judgment Date
23 December 1982
Procedural Posture
Application for Leave to Appeal and Related Interlocutory Applications / Hearing and Determination of Applications for Leave to Appeal Out of Time, Stay of Proceedings and Bail
Outcome
Leave to appeal out of time granted (conditional); first application for stay and bail refused; subsequent application for bail granted on conditions; stay of execution granted upon bail conditions.
Legal Topics
Non Payment of Fines, Imprisonment in Default, Leave to Appeal Out of Time, Stay of Proceedings, Bail Pending Appeal
Criminal Law Trade Practices Federal Court Procedure Non Payment of Fines Imprisonment in Default Leave to Appeal Out of Time Stay of Proceedings Bail Pending Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rowland William Thomas

Applicant

Alan Raymond Ducret and another

Respondents

Procedural Posture

Application for Leave to Appeal and Related Interlocutory Applications / Hearing and Determination of Applications for Leave to Appeal Out of Time, Stay of Proceedings and Bail

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted in respect of orders for imprisonment in default of payment of fines imposed under the Trade Practices Act 1974
  2. 2 Whether there are 'special reasons' for grant of such leave under Rule 15(2) of Order 52 of the Federal Court Rules
  3. 3 Whether stay of proceedings and/or bail pending appeal should be granted, and if the case is 'exceptional' under relevant principles

Ratio Decidendi

Special reasons existed justifying the grant of leave to appeal out of time, due to the existence of arguable grounds relating to the lawfulness and construction of the orders resulting in imprisonment for non-payment of fines. However, in the first application, bail and a stay of proceedings were refused as the case did not present exceptional circumstances warranting departure from Hayes v. The Queen. In the later application, new circumstances, including partial payment of fines and calculation of remissions, rendered the case exceptional, and bail was granted conditional on recognizance and surety.

Court Disposition

Leave to appeal out of time granted (conditional); first application for stay and bail refused; subsequent application for bail granted on conditions; stay of execution granted upon bail conditions.

Orders

  • Applicant granted leave to file and serve a notice of appeal against the orders of 20 October 1981 and 18 January 1982, provided filing and service occur on or before 21 January next (from date of first judgment).
  • Application for stay of proceedings and bail in first instance refused.