| CITATION: | Elliott v Queensland Building Services Authority [2010] QCAT 180 |
| PARTIES: | Mr Robert Arthur Elliott |
| v | |
| Queensland Building Services Authority |
| APPLICATION NUMBER: | GAR124-10 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | BRISBANE |
| DECISION OF: | K O’Callaghan – Senior Member |
| DELIVERED ON: | 29 April 2010 |
| DELIVERED AT: | BRISBANE |
| ORDERS MADE: | 1. The application for stay is dismissed. |
| CATCHWORDS : | Application for stay Section 22 – Queensland Civil and Administrative Act 2009 |
APPEARANCES and REPRESENTATION (if any):
| Decision on the papers. |
Reasons
The Application
The applicant lodged an application to review a decision of the Queensland Building Services Authority (QBSA) to direct rectification of sub-floor drainage under the ensuite floor of a property at 2 Macaranga Court, Laidley. The applicant says the decision was made on 6 April 2010. He attaches a letter from the QBSA of that date however the letter refers to a direction to rectify made 22 March 2010 and is an advice that the direction has not been complied with and notification that the QBSA is investigating the claim and preparing a scope of works which could be the subject of a review. In any event the applicant also sought a stay of the decision.
The Issues and the legislation
Section 22 of the Queensland Civil and Administrative Tribunal Act2009 (“The Act”) relevantly provides that:
(3)The Tribunal may on application of a party, make an order staying the operation of a reviewable decision if a proceeding for the review of the decision has started under this Act.
(4)The Tribunal may make an order under subsection (3) only if it considers the order is desirable after having regard to the following:
(a) the interests of any person whose interests may be affected by the making of the order or the order not being made;
(b) any submission made to the tribunal by the decision-maker for the reviewable decision;
(c) the public interest.
The issue therefore for the Tribunal is whether it is desirable to stay the QBSA’s decision having regard to the matters referred to subsections (a) and (b) and (c).
Submissions
The applicant in his application states he is seeking the stay because “there is an identical case before the Tribunal at present (in the same house) case number QR146-09.”
He provides no submissions in support with his application. QR146-09 deals with a direction to rectify issued with respect to a number of leaks in the house including leaks in subsurface drains in the vicinity of the bath waste in the main bathroom. This application is being heard with two (2) other review applications relating to the same property.
The QBSA opposes the application for stay and has provided written submissions in support of their opposition.
They point out that the Tribunal in making a stay order does not have an unfettered discretion and is required to form a positive view that the order is “desirable”. They submit that “desirable” in the context of section 22 of the Act denotes a positive aspiration or…
Keep reading for free
Create a free CaseChat account to read Elliott v Queensland Building Services Authority and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] QCAT 180
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were centred on whether the Authority had exceeded its jurisdiction and whether Section 22 of the Act could be interpreted in a manner that allowed such actions. The court was required to determine the scope and limits of the Authority's powers under the Act, and whether the Authority's actions in this instance were lawful or constituted an abuse of power.
The court found that the Authority's actions did not exceed its statutory powers as provided for in Section 22 of the Act. The court held that the Authority had acted within the scope of its statutory functions and did not abuse its powers. Consequently, the application for a stay of proceedings was dismissed. The court clarified the interpretation of Section 22 and affirmed the Authority's lawful actions within the boundaries of the Act. The respondent's application for a stay was therefore denied, and the matter was to proceed as initially planned.
Orders
Orders of the court
1. The application for stay is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.