Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland & Ors; Palmer v Magistrates Court of Queensland & Ors [2022] QSC 227

Date: 16 November 2022
Court/Tribunal: Supreme Court of Queensland
Judicial Officer/Tribunal Member: Callaghan J
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Corporations Act 2001 (Cth) ss 9, 184(2)(a), 232, 233(1), 631(1); Criminal Code 1899 (Qld) ss 409c(1)(a)(ii), 408C(1)(d); Justices Act 1886 ss 78, 83A.
Keywords: Criminal Law and Corrective Services

This case concerned an application for a stay of proceedings by the Commonwealth defendants regarding the proceedings brought by the plaintiff. By application, the plaintiffs, Palmer Leisure Coolum Pty Ltd and Clive Palmer, sought an order that would result in a summary judgment for criminal prosecutions involving a breach of the Corporations Act 2001 (Cth) and the Criminal Code 1899 (Qld). The Commonwealth defendants sought to set aside or stay the proceedings brought by the plaintiffs on the basis that the proceedings were an abuse of process in that the plaintiff’s actions are calculated to dislocate the processes of the courts. The plaintiff filed a complaint against the defendants that they were acting in bad faith, and that they had breached their prosecutorial duties and acted in ignorance of human rights enjoyed by Palmer. The Court did not engage in any substantive discussion in respect to the plaintiff’s human rights, and ordered the stay of proceedings on the basis that the assertions about the defendant are unsubstantiated. Palmer also filed a proceeding in the Supreme Court against several defendants alleging the criminal code prosecution was an abuse of process and seeking relief under the Human Rights Act 2019 (Qld), however the plaintiff discontinued these proceedings.

Visit the judgment: Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland & Ors; Palmer v Magistrates Court of Queensland & Ors [2022] QSC 227