Kremastos v Councillor Conduct Tribunal - [2022] QCAT 319

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Kremastos v Councillor Conduct Tribunal & Anor [2022] QCAT 319

PARTIES:

john kremastos

(applicant)

v

councillor conduct Tribunal

(first respondent)

THE INDEPENDENT ASSESSOR
(second respondent)

APPLICATION NO/S:

GAR055-21

MATTER TYPE:

General administrative review matters

DELIVERED ON:

15 August 2022

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Deane

ORDERS:

The Application for miscellaneous matters filed 4 August 2021 is dismissed.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – JOINDER OF CAUSES OF ACTION AND OF PARTIES – PARTIES – where an application for review of a decision – whether persons referred to in decision should be joined or given leave to intervene or are otherwise able to seek orders to make submissions directly to the Tribunal

Human Rights Act 2019 (Qld), s 25

Local Government Act 2009 (Qld), s 150O, s 150P, s 150R,
s 150T, s 150W, s 150AI, s 150AJ, s 150AL, s 150AM,
s 150AN, s 150AO, s 150AP, s 150AQ, s 150AR,
s 150AS, s 150AT

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 17, s 18, s 19, s 20, s 21, s 24, s 28, s 40, s 41, s 42, s 62, s 95

A B Hill Constructions Pty Ltd v Queensland Building and Construction Commission [2015] QCAT 46

Assistant Commissioner Wilson v Chapman and Anor; Chapman v Assistant Commissioner Wilson and Anor [2012] QCATA 110
Body Corporate for the Sun Apartments Building v Commissioner for Liquor and Gaming Regulation & Anor [2017] QCAT 417
Coral Homes (Qld) Pty Ltd v Queensland Building Services Authority [2012] QCATA 241
Darryl Hathway Painting and Decorating v Queensland Building and Construction Commission [2019] QCAT 4
Kehl v Board of Professional Engineers of Queensland [2010] QCATA 58
Levy v State of Victoria (1997) 189 CLR 579
Oliver v Queensland Racing Integrity Commission [2017] QCAT 50
Re Ludeke; Ex Parte Customs Officers’ Association of Australia (1985) 155 CLR 513
Taouk v Queensland Building Services Authority [2013] QCAT 96

Trojan Resorts Pty Ltd v Body Corporate for The Reserve (No. 2) [2018] QCAT 366

APPEARANCES & REPRESENTATION:

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

Former Councillor Kremastos sought review of a decision of the Councillor Conduct Tribunal (CCT) reference F19/9836, which substantiated a finding of misconduct (Decision).[1]
[1]Filed 19 January 2021.
Steven Paul and Julianne Toogood, who are not currently parties to these review proceedings and were not parties to the CCT proceedings, filed an Application for miscellaneous matters seeking leave to file an application requesting orders that the Tribunal ‘consider attached submissions and attached documents’ (AMM).[2] Leave was said to be necessary in view of an undertaking given by them in Supreme Court proceedings on 20 November 2019 to seek leave prior to filing or commencing proceedings.
[2]Filed 4 August 2021.
The Tribunal directed the Toogoods to serve the AMM on the parties to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] QCAT 319
Decision Date

CaseChat Overview and Summary

The applicant, John Kremastos, sought review of a decision of the Councillor Conduct Tribunal (CCT) which substantiated a finding of misconduct against him. Steven Paul and Julianne Toogood, who were not parties to the CCT proceedings, sought leave to file an application requesting orders that the Tribunal consider their submissions and documents. The Tribunal considered whether the Toogoods should be joined as parties, given leave to intervene, or whether the CCT should be directed to provide the Toogoods’ submissions to the Tribunal or provide an additional statement of reasons. The Tribunal found that the Toogoods should not be joined as parties, given leave to intervene, or that any of the other orders sought should be made. The Tribunal dismissed the Application for miscellaneous matters filed by the Toogoods. The reasons for the decision were based on the applicable legislation, relevant case law, and the objects of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). The Tribunal considered the Toogoods' arguments regarding their interests being directly affected and their right to natural justice, but ultimately found that the Toogoods did not have a sufficient interest to justify their involvement in the review proceedings. Furthermore, the Tribunal found that the Toogoods did not establish that their direct interests were likely to be substantially affected by the outcome of the review.

Orders