Mills v Ethell

[2024] QCATA 67

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Mills v Ethell  [2024] QCATA 67

PARTIES:

JASON BRUCE MILLS

(applicant/appellant)

v

CAROL L ETHELL

(respondent)

APPLICATION NO/S:

APL051-22

ORIGINATING APPLICATION NO/S:

BDL251-20

MATTER TYPE:

Appeals

DELIVERED ON:

3 July 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

ORDERS:

1.     Appeal dismissed.

2.     No order as to costs.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – PRACTICE – Party causing disadvantage – power to give final decision – requirement to have regard to certain matters – whether this limited to material available to tribunal when power exercised – whether error of law in making final decision in the proceeding – appeal dismissed

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 48

Csorba v Petka Investments Pty Ltd [2024] QCATA 12
Drew v Makita (Australia) Pty Ltd [2009] 2 Qd R 219
Du v Batra [2017] QCATA 138
Reef Home Property Pty Ltd v Commissioner of Liquor and Gaming Regulation [2024] QCA 121
The Pot Man Pty Ltd v Reaoch [2011] QCATA 318

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)
Applicant:	M Frampton of Frampton Legal, solicitors
Respondent:	Self-represented

REASONS FOR DECISION

1. This is an appeal from the decision of a Senior Member on 29 November 2021 in a domestic building dispute, that the appellant pay to the respondent $17,674.80 within twenty-eight days of that date.[1]  The application for leave to appeal or appeal was filed on 3 March 2022; an extension of time within which to file the document was granted by a Senior Member on 12 August 2022.  Neither party sought an oral hearing.  The appellant submitted that there were errors of law in the reasons for the decision, which justify setting aside the decision.  The appellant did not seek leave to appeal, and accordingly is confined to an appeal against the decision on a question of law only.[2] 

   [1]I shall refer to Mr Mills as the appellant and Ms Ethell as the respondent.

   [2]Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 146. For what amounts to an appeal only on a question of law, see Allen v Queensland Building and Construction Commission [2024] QCA 24 at [19].

Grounds of appeal

1. The grounds of appeal are incorporated into a written submission in support of the appeal attached to the application.  In essence, they are:

   (a)The Senior Member failed to comply with the mandatory requirements of the QCAT Act s 48(3) when giving a decision under s 48.

   (b)The Senior Member failed to consider whether the appellant had a reasonable excuse for a failure to take part in the proceeding, because of his medical condition. 

   (c)The Senior Member should have acted on the existence of a defence under the Limitation of Actions Act 1974 (Qld).

2. Apart from this, the appellant submitted in paragraph (10) of that attachment that…