Clough v Mejia

Clough appealed a decision by the Queensland Civil and Administrative Tribunal that allowed the respondents, Gabrielle Quinn and Gustavo Mejia, to be represented by John Quinn. Clough contended that the respondents had not complied with procedural fairness by failing to serve their application for leave to be represented on Clough and that the tribunal had made its decision before Clough could respond. The appeal was heard in the Court of Appeal, which found in Clough's favour.

The court had to determine whether the respondents' failure to serve the application for leave to be represented on Clough before the tribunal made its decision constituted a breach of procedural fairness. The court also had to consider whether the respondents' failure to serve the application on Clough before the tribunal made its decision was a substantial procedural irregularity that affected the outcome of the case.

The court found that the respondents' failure to serve the application for leave to be represented on Clough before the tribunal made its decision constituted a breach of procedural fairness. The court held that the respondents' failure to serve the application on Clough before the tribunal made its decision was a substantial procedural irregularity that affected the outcome of the case. The court set aside the tribunal's decision and returned the application for leave to be represented to the tribunal for a decision. The court also ordered that the matter be listed for a compulsory conference before Member Howe in Brisbane at 9:15am on 14 December 2022.