Nash v Queensland Building Services Authority

[2009] QCAT 29

Citation:	Nash v Queensland Building Services Authority [2009] QCAT 29
Parties:	David William Nash -v- Queensland Building Services Authority

Application No:        QR248-09

Matter Type:            Occupational Regulation

Delivered on:           11^th December 2009

Delivered at:            Brisbane

Hearing date:           On the papers

Decision of:             Dr Bridget Cullen Mandikos

Catchwords: Leave granted from procedural requirements to use QCAT forms, section 61(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009; Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009.

Number of
Paragraphs:             8

ORDERS MADE:   

Leave is granted, dispensing with the requirement that the parties utilise the appropriate form seeking withdrawal by consent.

Leave is granted, permitting the Applicant, Mr David William Nash, to withdraw his Application for Review brought against the Respondent, the Queensland Building Services Authority.

The parties to bear their own costs in this matter.

Reasons for Decision

1. On 2^nd October 2009, the Applicant, David William Nash, filed an application for review with the then Commercial and Consumer Tribunal of a decision by the Queensland Building Services Authority (“QBSA”), dated 7^th September 2009, refusing the Applicant’s application to be categorised as a permitted individual for a relevant event.  The affidavit of service was filed with the then Commercial and Consumer Tribunal on 5^th October 2009. 

1. On 13^th October 2009, the parties were directed by the then Commercial and Consumer Tribunal to comply with various timeframes for the lodging of relevant materials.

1. The Commercial and Consumer Tribunal has amalgamated into the Queensland Civil and Administrative Tribunal (“QCAT”). QCAT now hears and decides all matters previously dealt with by the Commercial and Consumer Tribunal: section 256 Queensland Civil and Administrative Tribunal Act 2009.

1. On 7^th December 2009, the parties filed a jointly signed “Form 6 – Consent Notice” with QCAT, using the form provided by the then Commercial and Consumer Tribunal, seeking orders permitting the withdrawal of the Applicant’s Review Application; and (2) requesting that the parties bear their own costs of and incidental to the application.

1. Section 61(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 provides that QCAT may, by order, waive non-compliance with procedural requirements under the QCAT Act.

1. In consideration of the fact that the parties had obtained the form used prior to the commencement of QCAT, and in consideration of the parties’ filing of the old form shortly after the commencement of QCAT, I order that leave be granted, dispensing with the requirement that the parties utilise the appropriate form for withdrawal by consent (in this case, QCAT “Application for decision/order by consent”).

1. Section 46 of the Queensland Civil and Administrative Tribunal Act 2009 provides that with the leave of the Tribunal, withdrawal of an application is permitted.  I grant this leave, and permit the Applicant to withdraw his Application for Review.

1. The parties to bear their own costs of and incidental to the Application for Review.