Brici v Parry

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Brici v Parry [2019] QCATA 134

PARTIES:

ANGELA BRICI

(applicant)

v

SHARELLE PARRY

(respondent)

APPLICATION NO/S:

APL159-19

ORIGINATING APPLICATION NO/S:

MCDQ11-19 (Richlands)

MATTER TYPE:

Appeals

DELIVERED ON:

27 August 2019

REASONS DELIVERED ON:

5 September 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Acting Senior Member Browne

ORDERS:

The application for an extension of time to file the application for leave to appeal or appeal is refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – PROCEDURE – TIME, EXTENSION AND ABRIDGMENT – MINOR CIVIL DISPUTE – where delay in filing the application for leave to appeal or appeal – whether discretion should be exercised to grant an extension of time to file the application for leave to appeal or appeal – whether there is adequate explanation for delay

Acts Interpretation Act 1954 (Qld), s 38
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 61, s 143

Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2018] QCATA 70

Pappas v Meikeljohn’s Accountants [2017] QCATA 60

REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

REASONS FOR DECISION

1. Angela Brici filed an application for leave to appeal or appeal a decision of the Tribunal made in the minor civil disputes jurisdiction on 1 May 2019.

2. Relevantly, the learned Adjudicator dismissed Ms Brici’s application for a consumer dispute seeking a refund of money spent on vitamin supplements and for compensation. Because the application for leave to appeal or appeal was filed outside the prescribed time of 28 days under s 143(4)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’), Ms Brici applied for an extension of time to file the application.

3. On 27 August 2019 I refused Ms Brici’s application to extend the time for filing the application for leave to appeal or appeal. Ms Brici requested reasons for my decision made that are now set out below.[1]

   [1]Decision dated 27 August 2019 and Appeal Tribunal Directions dated 5 July 2019.

The application to extend time

1. Section 143(4)(b) of the QCAT Act provides that an appeal must be filed in the registry within 28 days after the relevant day. Here, the ‘relevant day’ as provided under s 143(5)(c) is the day the person is given written reasons for the decision being appealed against.[2]

   [2]Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) s 143(5)(c).

2. There is power under the QCAT Act to extend a time limit fixed for the start of a proceeding.[3] Although the power to extend time involves the exercise of a broad discretion, s 61(3) of the QCAT Act provides that the Tribunal cannot extend or shorten time if to do so would cause prejudice or detriment, not able to be remedied by an appropriate order for costs or damages, to a party or potential party…