Hawton v Queensland Building Services Authority

[2009] QCAT 43

Queensland Civil and Administrative Tribunal Act 2009

Citation:	Hawton v Queensland Building Services Authority [2009] QCAT 43
Parties:	Eric & Belinda Hawton -v- Queensland Building Services Authority

Application No:        QR214-09

Matter Type:            General administrative review matters

Delivered on:           10^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.

Number of
Paragraphs:             6

ORDERS MADE:   

Leave is granted, permitting the Applicants, Eric and Belinda Hawton, to withdraw their 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. On 1^st September 2009, the Applicants, Eric and Belinda Hawton, filed an application for review with the then Commercial and Consumer Tribunal of decisions by the Queensland Building Services Authority (“QBSA”), dated 1^st March 2004 and 6^th August 2004.  The Applicants were unsatisfied with work undertaken at their residence by a QBSA licensee.  The 1^st March 2004 decision was a decision by QBSA refusing to issue a direction to rectify to the builder.  The 6^th August 2004 decision was a decision rejecting the applicant’s claim on the QBSA’s statutory insurance scheme. 

1. On 4^th September 2009, the then Commercial and Consumer Tribunal Ordered the parties to file submissions with the registry addressing the need by the Applicants to obtain leave to proceed out-of-time, as the period within which they could appeal from QBSA’s decisions had passed.  Following this, the matter was to be set down for an extension of time hearing.

1. 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.

1. On 30^th November 2009, the Applicant and Respondent filed separate written correspondence with the then Commercial and Consumer Tribunal, both seeking 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.

1. 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 their Application for Review.

1. The parties to bear their own costs of and incidental to the Application for Review.