Irvine and Porter v Mermaids Cafe and Bar Pty Ltd and Ingall

Irvine and Porter sought to bring a complaint against Mermaids Cafe and Bar Pty Ltd and Ingall before the Queensland Civil and Administrative Tribunal. The defendants sought to have the complaint dismissed pursuant to section 48 of the Queensland Civil and Administrative Tribunal Act 2009, either by vacating the hearing dates or by dismissing the complaint outright. The matter was considered by the Tribunal on the papers alone, with no oral hearing.

The primary legal issue before the Tribunal was whether the application to dismiss the complaint or to vacate the hearing dates should be granted. The defendants argued that the complaint was frivolous and vexatious, and that it had no reasonable prospects of success. The plaintiffs, in turn, argued that the application was premature and that they should be given an opportunity to present their case.

The Tribunal considered the relevant statutory provisions and the applicable common law principles. It found that the application to dismiss the complaint was premature, as the plaintiffs had not yet had an opportunity to present their case. The Tribunal also found that the application to vacate the hearing dates was not warranted, as the defendants had not demonstrated that the hearing should be delayed. The Tribunal concluded that the plaintiffs should be given an opportunity to present their case, and that the application to dismiss the complaint or to vacate the hearing dates should be refused.

The Tribunal ordered that the application to vacate the hearing dates or to dismiss the complaint was refused. The matter was to proceed to a hearing on the substantive complaint.