Inki Group Pty Ltd v Brisbane City Council

[2012] QCAT 645

CITATION: Inki Group Pty Ltd v Brisbane City Council [2012] QCAT 645

PARTIES:	Inki Group Pty Ltd t/as Café Le Petit Paradis
v
Brisbane City Council

APPLICATION NUMBER: GAR356-12

MATTER TYPE: General administrative review matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Peta Stilgoe, Senior Member

DELIVERED ON: 15 November 2012

DELIVERED AT: Brisbane

ORDERS MADE:     

1.    The Brisbane City Council will conduct a further inspection of the premises and will file in the Tribunal and serve Inki Group Pty Ltd t/as Café Le Petit Paradis a written report as to its findings by 4:00 pm on 30 November 2012.

2.    The application is to be listed for a directions hearing in early December at a time and date to be advised.

3.    The decision of the Brisbane City Council is stayed until the directions hearing.

CATCHWORDS:

FOOD LICENCE – where licence cancelled – where application for a stay – where licensee says that concerns have been addressed – order for early inspection of and report about current condition of premises

Queensland Civil and Administrative Tribunal Act 2009, s 58

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. Brisbane City Council decided to cancel the food business licence of Inki Group Pty Ltd which carries on the business of Café Le Petit Paradis. 

2. Inki has applied for a review of the Council’s decision.  It has also applied for a stay of the Council’s decision pending a determination of the review.

3. The Tribunal has the power to make such an interim order if it is appropriate to protect the parties’ position for the duration of the proceeding or to secure the effectiveness of the exercise of the Tribunal’s jurisdiction in the proceeding.[1]

   [1]        Queensland Civil and Administrative Tribunal Act 2009, s 58.

4. M Jung, a director of Inki, has filed an affidavit which states that the closure of the business pending a determination of the review will cause severe financial hardship.

5. I am satisfied that it is appropriate to grant an interim order staying the Council’s decision until the determination of the review.

6. Mr Jung also says that he has caused additional work to be carried out on the premises since the Council’s last inspection.  He says that this additional work will now meet all of the Council’s concerns.  Mr Jung says that he has invited the Council to re-inspect the premises but that invitation has not been accepted.

7. The current condition of the premises will be relevant to the determination of the review proceedings.  It will also be relevant to the health and safety of the public.  It is appropriate that the Council conduct an early inspection of the premises and I direct accordingly.