JM Family Holdings Pty Ltd v Owltown Pty Ltd

JM Family Holdings Pty Ltd (the applicants) appealed against the decision of the Queensland Civil and Administrative Tribunal (QCAT) in Owltown Pty Ltd (the respondents). The applicants sought to appeal the QCAT decision which dismissed their appeal against an adjudicator’s decision to alter the status quo regarding the maintenance costs of a particular lift on common property. The applicants claimed that the QCAT erred in its interpretation of the relevant statutory provisions and its findings of fact. The respondents argued that the Court of Appeal did not have jurisdiction to hear the appeal as it was not an “appeal under division 1” of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). They also argued that the application for leave to appeal was filed 41 days after the deadline, and that there was no good reason for the delay.

The court considered the arguments and concluded that the QCAT Act does not restrict the Court of Appeal’s jurisdiction to hear appeals from decisions of QCAT. The court rejected the argument that the appeal was not “under division 1” because the right of appeal was conferred by the Body Corporate and Community Management Act 1997 (BCCM Act). The court found that the QCAT Act empowers the Court of Appeal to hear appeals from QCAT decisions, regardless of the source of the right of appeal. The court also found that the extension of time for filing the application for leave to appeal should be granted as it was in the interests of justice to do so, and there was good reason for the delay.

The court allowed the appeal and set aside the orders made by the QCAT. It dismissed the respondents' appeal to the QCAT and ordered the respondents to pay the applicants’ costs of the application for leave to appeal and of the appeal to this Court. The question of the order which should be made in relation to the costs of the proceeding before the QCAT was remitted back to the QCAT for determination.