Hall v Queensland Building and Construction Commission & Anor

[2023] QCATA 89

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Hall v Queensland Building and Construction Commission & Anor [2023] QCATA 89

PARTIES:

ANDREW HALL

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(first respondent)

MC ASPECS PTY LTD

(second respondent)

APPLICATION NO/S:

APL134-22

ORIGINATING APPLICATION NO/S:

GAR202-21

MATTER TYPE:

Appeals

DELIVERED ON:

17 July 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Justice Mellifont, President

ORDERS:

Those parts of the application for miscellaneous matters relevant to the orders sought at paragraphs 1 to 4 of Annexure A are dismissed pursuant to section 47 of the QCAT Act as being vexatious, misconceived and/or lacking in substance.

CATCHWORDS:

PROCEDURE – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL: JURISDICTION, POWERS AND GENERALLY – VEXATIOUS LITIGANTS, PROCEEDINGS AND RELATED MATTERS – VEXATIOUS, MISCONCEIVED OR LACKING IN SUBSTANCE APPLICATIONS – where applicant makes scurrilous allegations of criminal conduct against five tribunal members

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47

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

1. The substantive proceedings are an appeal by Mr Hall against a decision of a QCAT member in respect of a building matter.

2. The matter comes before me to deal with part of an application for miscellaneous matters which was date stamped as received by QCAT on 16 May 2023.

3. Annexure A to that application sets out eight orders sought. This decision deals with the first four which can be summarised as follows:

   (a)a request that I stand down two members until investigations into what Mr Hall describes as criminal conduct (judicial corruption),

   (b)a request that I formally acknowledge receipt of the submission and provide an apology for my own failure to comply with the QCAT Act and the QCAT Complaints against Members policy by allegedly appointing dishonest, incompetent and corrupt members,

   (c)a request that I stand aside until my own alleged involvement in the systemic judicial corruption of the tribunal can be determined by an independent judicial enquiry.   

4. The allegations made are scurrilous. They are vexatious, misconceived and lacking in substance on any view of the matter.  

5. As such, I order that those parts of the application for miscellaneous matters relevant to the orders sought at paragraphs 1 to 4 of Annexure A is dismissed pursuant to section 47 of the QCAT Act as being vexatious, misconceived or lacking in substance.