Bull v Porteus

[2018] QCATA 100

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Bull v Porteus [2018] QCATA 100

PARTIES:

KENNETH JAMES BULL
(appellant)

v

PORTEUS

(respondent)

APPLICATION NO/S:

APL342-17

ORIGINATING APPLICATION NO/S:

MCDO1639-17 (Brisbane)

MATTER TYPE:

Appeals

DELIVERED ON:

5 July 2018

HEARING DATE:

4 July 2018

HEARD AT:

Brisbane

DECISION OF:

Dr J R Forbes, Member

ORDERS:

The application for leave to appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – application for leave to appeal – Minor Civil Dispute – proceedings under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) – failure to commence proceedings within time limited by statute – whether the tribunal has power to extend time – whether  the statutory time limit is substantive or procedural – time limit substantive – no power to extend – whether in the absence of jurisdiction consent orders may be made – inability of parties to confer jurisdiction by consent – application for leave to appeal dismissed

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), s 31, s 35
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32, s 61

Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1
Aramac Constructions Pty Ltd v Queensland Building and Construction Commission [2015] QCAT 364
Australian Education Union v Lawler (2008) 169 FCR 327; [2008] FCAFC 135
David Grant & Co Pty Ltd v  Westpac Banking Corporation & Ors (1995) 184 CLR 265
Hope & Anor v Brisbane City Council [2013] QCA 198
McKain v RW Miller & Co (SA) Pty Ltd (1991) 174
CLR 1
Neill v Legal Profession Complaints Committee [2011] WASCA 48
Queensland Building and Construction Commission v Watkins [2014] QCA 172
R v Moore; Ex parte Australian Workers’ Union (1976) 11 ALR 449
Watkins v Queensland Building Services Authority [2013] QCAT 535

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).

REASONS FOR DECISION

1. The applicant, Kenneth James Bull seeks leave to appeal from the primary decision of an adjudicator, delivered on 27 September 2017.

2. The applicant then sought a fencing order against the respondent Porteus, under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (‘the fencing Act’).

3. Section 31 of the fencing Act relevantly provides:

   Notice to contribute for fencing work

   (1)     An owner may require the adjoining owner to contribute … to the carrying out of fencing work for a dividing fence by giving a notice to the adjoining owner.

   (2)     The notice must be in the approved form and state the following—

   (a)a description of the land on which the fencing work is proposed to be carried out and, if the fencing work is to construct or replace a dividing fence, the line on which it is proposed to construct or replace the fence;

   (b)the type of fencing work proposed to be carried out;

   (c)the estimated…