QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Lucas v Queensland Building and Construction Commission [2023] QCAT 484
PARTIES:
DEBRA MAREE LUCAS (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
GAR258-23
MATTER TYPE:
General administrative review matters
DELIVERED ON:
11 December 2023
HEARING DATE:
6 December 2023
HEARD AT:
Brisbane
DECISION OF:
Senior Member Traves
ORDERS:
1. The application for miscellaneous matters (reinstatement application) filed on 5 May 2023 is allowed.
2. The application to extend time filed on 5 May 2023 is allowed.
3. The time to file the application to review a decision is extended to 11 April 2023.
CATCHWORDS:
ADMINISTRATIVE LAW – GENERAL ADMINISTRATIVE REVIEW – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant withdrew application to review a decision to disallow claim on basis contract not validly terminated by applicant - where application withdrawn due to legal costs – where applicant discovered new evidence subsequent to withdrawal in support of her position that contract validly terminated – where applicant seeks reinstatement pursuant to s 46(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), whether leave to reinstate her application to review should be granted – whether extension of time should be granted
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 33, s 35, s 46, s 61
Jensen v Queensland Building and Construction Commission [2019] QCATA 11
Jensen v Queensland Building and Construction Commission [2017] QCAT 232
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
On 11 January 2023 the applicant, Ms Lucas (the owner) filed an application to review an internal review decision dated 14 December 2022, being a decision to wholly disallow a claim under the Queensland Home Warranty Insurance Scheme on the basis the contract was not validly terminated at the default of the licensed contractor.
This review application was subsequently withdrawn by Ms Lucas by the filing of a Notice of Withdrawal on 23 January 2023. The owner says the main reason she withdrew was because she had just received a bill from her solicitors for $28 000 and that it had made her ‘sick to the stomach’. She had also been told it would cost her $20 000 in legal fees for an estimated three-day hearing at the Tribunal.
Subsequently Ms Lucas became aware of information that she says supports her claim that she had in fact validly terminated the contract, for example that she had been charged for the demolition stage when the demolition had not been completed in accordance with the contract/engineering drawings. Ms Lucas also said she discovered that she could be self-represented in the Tribunal.
On 11 April 2023 Ms Lucas filed another application to review the same decision in the Tribunal. On 5 May 2023 Ms Lucas filed an application seeking reinstatement of the review proceedings which had been withdrawn and an application for an extension of time to file an application…
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- Case
- [2023] QCAT 484
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether leave should be granted to reinstate Lucas's application to review the disallowed claim and whether an extension of time should be granted to allow her to file that application. The court needed to determine if the circumstances justified the reinstatement and extension of time, particularly in light of the new evidence Lucas had uncovered.
The court considered the relevant statutory provisions, particularly section 46(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), which allows for the reinstatement of an application where it appears to the court that there are exceptional circumstances justifying the reinstatement. The court found that Lucas's discovery of new evidence that supported her position and the fact that she had acted promptly in seeking reinstatement constituted exceptional circumstances. Additionally, the court considered the balance of convenience, and found that granting the extension of time would not unfairly prejudice the Commission. Therefore, the court allowed the application for reinstatement and the application for an extension of time.
The final orders of the court were that the application for reinstatement filed on 5 May 2023 was allowed, the application to extend time filed on the same date was also allowed, and the time to file the application to review a decision was extended to 11 April 2023.
Orders
Orders of the court
1. The application for miscellaneous matters (reinstatement application) filed on 5 May 2023 is allowed.
2. The application to extend time filed on 5 May 2023 is allowed.
3. The time to file the application to review a decision is extended to 11 April 2023.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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