De Gee v Wallace

Case

[2011] QCAT 650

24 October 2011


CITATION: De Gee v Wallace [2011] QCAT 650
PARTIES: Mr Joshua De Gee t/as De Gee Tiling
v
Mr Mark Wallace t/as Red Dog Builders
APPLICATION NUMBER:   BDL204-11   
MATTER TYPE: Building matters
HEARING DATE:     On the papers
HEARD AT:  Brisbane
DECISION OF: Ms Kerrie O'Callaghan, Senior Member
DELIVERED ON: 24 October 2011
DELIVERED AT:      Brisbane
ORDERS MADE: The application is dismissed.
CATCHWORDS :  Where application dismissed for failure to comply with the Tribunal’s orders

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

  1. On 3 August 2011 I made an order that the application was dismissed.  A request has been received for reasons for the decision.

  1. The application was filed in this matter on 20 July 2011.  No affidavit of service was filed.  No response has been filed.  The matter was listed for a directions hearing on 6 September, neither party attended the directions hearing.

  1. In those circumstances I made an order at the directions hearing that the applicant was to file in the Tribunal an affidavit of service of the application by 20 September 2011.

  1. I further ordered that if no affidavit of service was filed by 20 September 2011 the application would be dismissed without further notice. 

  1. This order was sent to both parties.

  1. No affidavit was filed by 20 September 2011 and accordingly I made an order on 3 October 2011 that the application was dismissed.

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