Loia v Chief Executive, Department of Transport and Main Roads

[2010] QCAT 400

CITATION: Loia v Chief Executive, Department of Transport and Main Roads [2010] QCAT 400

PARTIES:	Tipi Tupuola LOIA
v
Chief Executive, Department of Transport and Main Roads

APPLICATION NUMBER:   GAR251-10

MATTER TYPE: General administrative review matters

HEARING DATE:     19 August 2010

HEARD AT:  Brisbane

DECISION OF: C Endicott senior member

DELIVERED ON: 19 August 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Application for review is dismissed

CATCHWORDS :  PRE-HERAING DISMISSAL – section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – no substance to application

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties. 

REASONS FOR DECISION

1. On 26 July 2010 Tipi Tupuola Loia lodged an application in the Tribunal seeking a stay of a decision made by the Chief Executive of the Department of Transport and Main Roads to suspend a driver authorisation held by him.  

2. Some time later a review panel within the department was convened to review the decision and a decision was made to uphold the decision of the respondent. The decision from the internal review process has superseded the original decision.

3. On 12 August 2010 Mr Loia lodged an application to review the later decision made by the respondent and sought a stay of that decision.

4. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 (the Act) gives the Tribunal power to bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.

5. The application for a stay lodged on 26 July 2010 no longer has any substance as the decision that is sought to be stayed has been superseded by a later decision made by the respondent. That later decision is now the subject of a separate stay application by Mr Loia.

6. The Tribunal is satisfied that the stay application lodged on 26 July 2010 must be dismissed as that application no longer has any substance.