McClintock v Queensland Building Services Authority

The applicant, McClintock, sought an extension of time from the Queensland Civil and Administrative Tribunal (QCAT) to lodge an application for review. This application was to review a decision of the Queensland Building Services Authority (QBSA). The QBSA had rejected an application for approval to construct a residential building in Brisbane. The matter was heard by a single member of QCAT, who dismissed the application on the basis that it was not lodged within the time limit prescribed by the QCAT Act. McClintock appealed the QCAT decision to the Queensland Court of Appeal. The appeal was based on the argument that the Tribunal failed to take into account that the two matters arising out of the same factual circumstances were consolidated.

The central issue before the Court of Appeal was whether the Tribunal erred in its exercise of discretion by not taking into account the consolidation of the two matters. The Court noted that the QCAT Act section 142 allowed the Tribunal to extend the time for making an application for internal review if it was satisfied that there were reasonable grounds for the delay. However, the QCAT Act section 33(3) and QCAT Act section 61(1)(b) also provided that the Tribunal should not take into account any other matters in the exercise of its discretion. The Court considered whether the consolidation of the two matters was a relevant factor that should have been considered by the Tribunal.

The Court of Appeal held that the Tribunal did not err in dismissing the application for an extension of time. The Court found that the consolidation of the two matters was not a relevant factor that should have been considered by the Tribunal in the exercise of its discretion under the QCAT Act. The Court noted that the QBSA Act section 56AD(8) and QBSA Act section 56AC(2)(c) did not require the Tribunal to take into account the consolidation of the two matters. The Court further held that the Tribunal was not required to consider any other matters in the exercise of its discretion, as provided by the QCAT Act section 33(3) and QCAT Act section 61(1)(b). The Court of Appeal dismissed the appeal and set aside the Tribunal’s decision dated 14 July 2010. The Court ordered that application number GAR006-10 be listed for hearing together with application number QR127-09 at 9.30 on 12 November 2010.