Marigliano v Queensland Building and Construction Commission

In the matter of Marigliano v Queensland Building and Construction Commission, the applicant sought leave to appeal an interlocutory decision made by the Queensland Civil and Administrative Tribunal (QCAT) on 24 August 2021. The decision in question concerned procedural directions issued by the Tribunal regarding the applicant's standing to seek a review of a decision made by the Queensland Building and Construction Commission (QBCC). The applicant, Mr Marigliano, argued that the Tribunal's directions required him to repeatedly make the same submissions, which he claimed to be unjust. The central issue for the court was whether leave to appeal should be granted, given that the decision in question was not the final decision in the proceeding.

The court considered the general principles governing leave to appeal in interlocutory matters, which require an arguable case of error and a substantial injustice that necessitates correction. The court noted that the Tribunal had the jurisdiction to issue procedural directions for the fair and speedy conduct of the proceeding, and these directions were made in accordance with the rules of natural justice. The court found that Mr Marigliano's argument that the Tribunal's directions required him to make the same submissions repeatedly was without merit, as the directions were made to ensure that the Tribunal could properly consider the issue of Mr Marigliano's standing to apply for the review.

Based on the analysis, the court concluded that there was no arguable case of error in the Tribunal's decision, and no substantial injustice that warranted the grant of leave to appeal. The court dismissed the application for leave to appeal.

ORDERS:
1. The application for leave to appeal is dismissed.