Preece Build Pty Ltd v Woodbury

Preece Build Pty Ltd sought to set aside a decision made by the Civil and Administrative Tribunal (CAT) in a dispute with Woodbury. The application to set aside was made after the time limit set out in the Civil and Administrative Tribunal Regulation 2022 had passed. Woodbury sought to have the time limit extended and the decision set aside, arguing that there had been an error in the Tribunal's assessment of the evidence. The court had to determine whether the time limit for setting aside the decision could be extended, and whether the decision itself should be set aside due to an alleged error.

The court held that the time limit for setting aside a decision could not be extended, as it was a mandatory requirement of the Regulation. The court further found that Woodbury had not demonstrated that the error alleged was of a kind that would justify setting aside the decision. The court held that the decision of the Tribunal was correct, and there was no basis for setting it aside. The application was dismissed, and the order made by the Tribunal remained in full force and effect.

The court ordered that the application to set aside the decision of the Tribunal was dismissed, and that the order made by the Tribunal on 21 September 2023 in matter HB 23/22370 remained in full force and effect. The court did not extend the time limit for setting aside the decision, and found no grounds for setting aside the decision itself. The respondent was not granted any relief, and the decision of the Tribunal stood as made.