QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Francis v Queensland Building and Construction Commission [2024] QCAT 360
PARTIES:
LEANNE JUNE PATRICIA FRANCIS (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
GAR314-24
MATTER TYPE:
General administrative review matters
DELIVERED ON:
26 August 2024
HEARING DATES:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Lumb
ORDERS:
The time for filing the Application to review a decision is extended to 7 May 2024.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether the application for an extension of time should be granted.
Queensland Building and Construction Commission Act 1991 (Qld), s 86C
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 33, s 61Anderson-Barr v Queensland Building and Construction Commission [2018] QCAT 438
Cardillo v Queensland Building Services Authority [2011] QCAT 574
Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2018] QCATA 70
Jensen v Queensland Building and Construction Commission [2017] QCAT 232Pavlovic v Queensland Building and Construction Commission [2020] QCAT 128
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld) REASONS FOR DECISION
Introduction
On 7 May 2024, the Applicant filed in the Tribunal:
(a)an Application to review a decision (‘the Review Application’); and
(b)an Application to extend or shorten a time limit or for waiver of compliance with procedural requirement (‘the EOT Application’).
On 17 October 2023, the Respondent (‘the QBCC’) decided to decline an insurance claim by the Applicant (under the statutory insurance scheme established under the Queensland Building and Construction Commission Act 1991 (Qld) (‘the QBCC Act’)) (‘the original decision’).
On 14 November 2023, the Applicant applied for an internal review of the original decision.
The QBCC did not make a decision in consequence of the internal review application within the 28 day period specified under s 86C(2) of the Queensland Building and Construction Commission Act 1991 (Qld) (‘the QBCC Act’) (or any extended period). Consequently, by operation of s 86C(3) of the QBCC Act, the internal reviewer was taken to have made an internal review decision that was the same as the original decision.
Accordingly, on 15 December 2023, the QBCC made a decision to decline the Applicant’s insurance claim (‘the Review Decision’). The Review Decision was notified to the Applicant by correspondence sent on 18 December 2023.[1]
[1]Review Application, Part B.
By the Review Application, the Applicant applies to review the Review Decision.
The merits of the EOT Application
By operation of s 33(3) and s 33(4) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘the QCAT Act’), the Applicant was required to file the Review Application within 28 days after the day the Applicant was notified of the Review Decision. The Review Application was…
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- Case
- [2024] QCAT 360
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the applicant's application for an extension of time to file the review application should be approved, despite the initial filing being out of time. The court needed to consider the relevant statutory provisions governing the time limits for such applications, as well as any relevant case law and principles of equity that might apply to the granting of extensions of time in such circumstances. Additionally, the court had to assess the applicant's reasons for the delay and whether there were any mitigating factors that warranted an extension.
In rendering its decision, the court noted that while the application to review the decision was indeed filed outside the prescribed time limit, the applicant had demonstrated sufficient cause for the delay and had acted promptly in seeking an extension of time. The court found that the applicant's reasons for the delay were compelling and that there were no significant factors that would prejudice the respondent if the extension was granted. Accordingly, the court exercised its discretion to extend the time for filing the review application to 7 May 2024. This decision allowed the applicant to proceed with the review of the Commission's decision within the extended timeframe.
Orders
Orders of the court
The time for filing the Application to review a decision is extended to 7 May 2024.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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