Arian v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Arian v Queensland Building and Construction Commission [2020] QCAT 445

PARTIES:

YOUNES ARIAN

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR176-20

MATTER TYPE:

General administrative review matters

DELIVERED ON:

18 November 2020

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

DECISION OF:

Member Kent

ORDERS:

1.   The application for an extension of time filed on 25 June 2020 is refused.

2.   The application to review a decision filed on 25 May 2020 is dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether application for an extension of time should be granted.

Reeve v Hamlyn [2015] QCATA 133

Herron v McGregor (1986) 6 NSWLR 246

Brisbane South Regional Authority v Taylor (1996) 186 CLR 541
Jensen v Queensland Building and Construction Commission [2017] QCAT 232
 Uren v Harcourts Broadbeach Waters [2018] QCATA 9
Crime and Misconduct Commission v Chapman & Anor [2011] QCAT 229.
Braunberger v Assistant Commissioner Les Hopkins [2014] QCAT 34.

APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

Background

1. On 24 May 2020, the applicant applied to the Tribunal to review an internal review decision of the Queensland Building and Construction Commission (QBCC) dated 8 April 2020. Section 87 of the Queensland Building and Construction Commission Act 1991 (Qld) (‘QBCC Act’) sets out that application may be made to QCAT for a review of that decision, ‘as provided for under the QCAT Act’.

2. Section 33(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) states that the application for review must be filed within 28 days of the ‘relevant day’. For present purposes, the relevant day is the day the applicant was notified of the decision.[1] The applicant states in his application for review that he was notified of the decision by post “around” 15 April 2020 but informed via email earlier than 15 April 2020. He does not specify the date.

   [1]QCAT Act, s 33(4)(a).

3. The application to review was filed in the Tribunal on 25 May 2019, so by the account given by the applicant and based on the most generous calculation of time it was filed at least 10 days late. However, by the applicant’s own admission he was notified via email earlier than 15 April 2020 therefore the application was filed more than 10 days after the permitted time limit. It is clear on either the strictest or the most generous calculation of time that the application was clearly filed outside of the 28-day time limit provided for in section 33(3) of the QCAT Act.

4. Section 61(1) of the QCAT Act provides that the Tribunal may extend a time limit. The Tribunal issued directions on 12…