Moller v Queensland Rail

The parties involved in the case were Moller, the applicant, and Queensland Rail, the respondent. The applicant, Moller, was employed by the respondent as Chief Management Accountant until his employment was terminated on 20 February 2014. He subsequently applied for relief under the Judicial Review Act 1991 (Qld). The central issue in the case was whether Moller was excluded from applying for relief under the Act, given that section 18A of the Act excludes decisions of a rail government entity in relation to its commercial activities from the operation of the Act. The court was also required to decide whether Moller’s judicial review application should be dismissed pursuant to section 48 of the Act.

The court examined whether the decision to terminate Moller’s employment fell within the scope of section 18A, which excludes decisions relating to commercial activities from the operation of the Act. The court found that the decision to terminate Moller’s employment was not a decision made in relation to the respondent’s commercial activities. However, the court determined that the application was still excluded from the operation of the Act because it was a decision of a rail government entity. The court held that the decision to terminate Moller’s employment was a decision of a rail government entity and therefore excluded from the operation of the Act.

Consequently, the court dismissed Moller’s application for relief under the Judicial Review Act 1991 (Qld). The court ordered that Moller’s application filed on 25 March 2014 be dismissed and that Moller pay the respondent’s costs of and incidental to his application, and the respondent’s application, to be assessed on the indemnity basis. The court found that Moller’s application should be dismissed as it was excluded from the operation of the Act.