Keeley v Gympie Road Medical Centre
[2019] QCAT 123
•29 April 2019
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Keeley v Gympie Road Medical Centre & Ors [2019] QCAT 123
PARTIES:
SHANE KEELEY
(applicant)v
GYMPIE ROAD MEDICAL CENTRE
BAHRAM ADELI
JANIS BLACKWELL(respondents)
APPLICATION NO/S:
ADL007-18
MATTER TYPE:
Anti-discrimination matters
DELIVERED ON:
29 April 2019
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Ann Fitzpatrick
ORDERS:
The application to strike out the application of the applicant is dismissed.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DISMISSAL OF PROCEEDINGS – where respondents complain of non-compliance with Tribunal directions and seek to strike out application
REPRESENTATION:
Applicant:
Self-represented
First and Third Respondent:
S Black, Special Counsel, Avant Mutual
Second Respondent:
D Davison, Meridian Lawyers
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
On 22 June 2018 this Tribunal decided to dismiss a strike out application made by the respondents.
A request was made for reasons for the decision on 28 June 2018, but not immediately relayed to me.
The reasons for the decision are as follows:
(a)insofar as the respondents complain of non-compliance with Directions of the Tribunal by the applicant, a search of the Tribunal’s file reveals that the applicant in fact complied with the Tribunal’s Directions of 26 March 2018 by filing a Statement of Contentions at the Pine Rivers Court House;
(b)the respondents have demonstrated no prejudice which cannot be rectified by delivery to the respondents of the applicant’s material filed in the Tribunal;
(c)the applicant has advised the Tribunal that he suffers from literacy impairment which offers some acceptable explanation for delay and limitations in his material;
(d)the matters raised in the first and third respondents’ submissions of 28 May 2018 are matters which are best determined on a hearing of the matter when findings of fact can be made following an assessment of the witnesses and evidence.
(e)it is a serious matter to dismiss a claim without a hearing. The Anti-Discrimination Act 1991 (Qld) is remedial legislation intended to protect human rights. I do not consider it just on the material and the disputed facts to deprive the applicant of an opportunity for an independent determination of his claim.
The application is dismissed.
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