Neill v Queensland Building Services Authority

[2009] QCAT 44

Queensland Civil and Administrative Tribunal Act 2009

Citation:	Neill v Queensland Building Services Authority [2009] QCAT 44
Parties:	Jason Neill -v- Queensland Building Services Authority

Application No:        QR221-09

Matter Type:            General administrative review matters

Delivered on:           10^th December 2009

Delivered at:            Brisbane

Hearing date:           On the papers

Decision of:             Dr Bridget Cullen Mandikos

Catchwords: Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009.

Number of
Paragraphs:             6

ORDERS MADE:   

Leave is granted, permitting the Applicant, Jason Neill, 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. This is an application for review of a decision by the Queensland Building Services Authority (“QBSA”), dated 7^th August 2009, involving a decision that the contract in question had been (1) validly terminated for reasons other than the fault of the owner, having the consequence of allowing a claim for non-completion and defective works under the statutory insurance scheme; and (2) seeking review of the QBSA’s scope of works decision. 

1. Although other matters were raised in the Applicant’s application for review filed on 4^th September 2009 with the then Commercial and Consumer Tribunal, by Order dated 12^th November 2009, limited the reviewable matters to those mentioned in paragraph 1 above.  The application concerning the scope of works decision was limited to consideration as to whether those works were reasonably necessary to rectify the defects identified in the Direction to rectify issued by the QBSA to the Applicant on 3^rd June 2009.

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 2^nd December 2009, the Applicant and Respondent filed a jointly signed QCAT Application for decision/order by consent with the QCAT registry, requesting 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 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.