Freeman v Department of Transport and Main Roads

The applicant, Freeman, sought judicial review of a decision by the Department of Transport and Main Roads (the Department) to remove a carport and gate which had been constructed on a state-controlled road. The applicant filed an application for judicial review out of time and also sought a stay of the decision to remove the unauthorised structure. The matter was considered by the court in the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue the court needed to address was whether it should grant an extension of time for the applicant to file the review application, which had been filed out of time. Additionally, the court had to consider whether the application for a stay of the decision to remove the carport and gate should be granted.

In dismissing both the application for an extension of time and the application for a stay, the Tribunal found that the applicant had not provided a sufficient justification for the delay in filing the review application. The Tribunal also noted that the removal of the unauthorised structure was necessary for public safety and to maintain the integrity of the road. As such, the Tribunal concluded that the public interest in maintaining the road outweighed the private interest of the applicant in retaining the carport and gate.

The court made two orders. First, the application to extend the time limit filed on 14 August 2023 was refused. Second, the application to stay a decision filed on 18 August 2023 was dismissed.