Dunlea v Queensland Building Services Authority

[2009] QCAT 38

Queensland Civil and Administrative Tribunal Act 2009

Citation:Dunlea v Queensland Building Services Authority [2009] QCAT 38

Parties:  Mr John William Dunlea

v

Queensland Building Services Authority

Application No:         QR240-09

Matter Type:             Occupational regulation matters

Delivered on:             9^th December 2009

Delivered at:              Brisbane

Hearing date:            On the papers

Decision of:               Dr Bridget Cullen Mandikos

Catchwords: Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009.

ORDERS MADE:   

Leave is granted, permitting the Applicant, John William Dunlea, to withdraw his Application for Review brought against the Respondent, the Queensland Building Services Authority.

The parties to bear their own costs in this matter.

Reasons for Decision

[1]This is an application for review of a decision by the Queensland Building Services Authority, dated 8^th September 2009, involving a Direction to Rectify issued by the Queensland Building Services Authority against the Applicant, a licensee under the Queensland Building Services Authority Act 1991.  The Direction to Rectify related to work performed by the Applicant at 24 Cliff Way, Eight Heights, and involved the installation of timber flooring.

[2]The Application for Review was filed on 25^th September 2009, and an Affidavit of Service filed on both 1^st and 5^th October 2009, with the then Commercial and Consumer Tribunal.

[3]The Commercial and Consumer Tribunal has amalgamated into the Queensland Civil and Administrative Tribunal (“QCAT”). QCAT now hears and decides all matters previously dealt with by the Commercial and Consumer Tribunal: section 256 Queensland Civil and Administrative Tribunal Act 2009.

[4]On 4^th December 2009, the Applicant and Respondent filed a QCAT Application for decision/order by consent with the QCAT registry, requesting orders permitting the withdrawal of the Applicant’s Review Application; and (2) requesting that the parties bear their own costs of and incidental to the application.

[5]Section 46 of the Queensland Civil and Administrative Tribunal Act 2009 provides that with the leave of the Tribunal, withdrawal of an application is permitted.  I grant this leave, and permit the Applicant to withdraw his Application for Review.

[6]The parties to bear their own costs of and incidental to the Application for Review.