Musgrave v Grimberg

[2019] QCATA 106

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Musgrave v Grimberg [2019] QCATA 106

PARTIES:

BEN MUSGRAVE
(applicant/appellant)

v

JOSEF GRIMBERG

(respondent)

APPLICATION NO/S:

APL349-18

ORIGINATING APPLICATION NO/S:

MCDO201-18 (Beenleigh)

MATTER TYPE:

Appeals

DELIVERED ON:

REASONS DELIVERED ON:

10 June 2019

16 July 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Browne

ORDERS:

The application for an extension of time to file the application for leave to appeal or appeal is refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – PROCEDURE – TIME, EXTENSION AND ABRIDGMENT – MINOR CIVIL DISPUTE – where delay in filing the application for leave to appeal or appeal – consideration of grounds for granting an extension of time for filing the application for leave to appeal or appeal

Acts Interpretation Act 1954 (Qld), s 38
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 4, s 61, s 143

Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2018] QCATA 70
Pappas v Meikeljohn’s Accountants [2017] QCATA 60
Reeve v Hamlyn [2015] QCATA 133

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

REASONS FOR DECISION

1. Ben Musgrave seeks to appeal a decision of the Tribunal made on 12 November 2018 in the Minor Civil Disputes jurisdiction.

2. The application for leave to appeal or appeal was filed on 19 December 2018 being a date outside the prescribed time of 28 days for filing an application for leave to appeal or appeal.[1]

   [1]QCAT Act, s 143(4)(b).

3. On 10 June 2019 I refused Mr Musgrave’s application for an extension of time to file the application for leave to appeal or appeal. Mr Musgrave requested reasons for my decision that are now set out below.

   Should time be extended?

4. Compliance with time limits is consistent with the public interest in the finality of litigation.[2] Time limits must be complied with unless there is a compelling reason for the noncompliance.

   [2]Pappas v Meikeljohn’s Accountants [2017] QCATA 60, [10] (Thomas J).

5. Section 143(4)(b) of the QCAT Act provides that an appeal must be filed in the registry within 28 days after the relevant day. Here, the ‘relevant day’ as provided under s 143(5)(c) is the day the person is given written reasons for the decision being appealed against.[3]

   [3]QCAT Act, s143(5)(c).

6. There is power under the QCAT Act to extend a time limit fixed for the start of a proceeding.[4] Although the power to extend time involves the exercise of a broad discretion, s 61(3) of the QCAT Act provides that the Tribunal can not extend or shorten time if to do so would cause prejudice or detriment, not able to be remedied by an appropriate order for costs or damages, to a party or potential party to a proceeding.

   [4]QCAT Act, s 61.

7. The discretion to extend time should be exercised in accordance with applicable common law and equitable principles,…