QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Priest v Queensland Building and Construction Commission [2018] QCAT 243
PARTIES:
JAMES WILLIAM PRIEST
(applicant)v QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION
(respondent)
APPLICATION NO/S:
GAR140-18
MATTER TYPE:
General administrative review matters
DELIVERED ON:
26 July 2018
HEARING DATE:
20 July 2018
HEARD AT:
Brisbane
DECISION OF:
Member Cranwell
ORDERS:
1. The application for an extension of time is refused.
2. The application to review a decision is therefore dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – application to extend time for leave to appeal
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether application for an extension of time should be granted
Professional Engineers and Other Legislation Amendment Act 2014 (Qld)
Queensland Building and Construction Commission Act 1991 (Qld), s 56AC
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 33, s 61Cardillo v Queensland Building Services Authority [2011] QCAT 574
Coppens v Water Wise Design Pty Ltd [2014] QCATA 309Crime and Misconduct Commission v Chapman & Anor [2001] QCAT 229
Jensen v Queensland Building and Construction Commission [2017] QCAT 232
Paddon v Queensland Building and Construction Commission [2018] QCAT 100
Zizza v Commissioner of Taxation [1999] FCA 37APPEARANCES & REPRESENTATION:
Applicant:
C H Matthews, instructed by All Building Law Pty Ltd
Respondent:
M Robinson, solicitor of Robinson Locke Litigation Lawyers
REASONS FOR DECISION
On 6 December 2011, the Building Services Authority (‘the BSA’) made two decisions that Mr Priest was an excluded individual for the purposes of s 56AC of the then Queensland Building Services Authority Act 1991 (Qld). One of those decisions relates to the liquidation of Desmain Pty Ltd, of which Mr Priest was a director, and the other relates to his personal bankruptcy.
In the present proceedings, Mr Priest seeks review of the BSA’s decision that he was an excluded person arising out of his personal bankruptcy. The letter advising
Mr Priest of this decision contained the following statement:
BSA’s decision that you are an excluded individual is reviewable in the Queensland Civil and Administrative Tribunal (QCAT). Review applications to QCAT must be made within 28 days. Before make an application, you should consider obtaining independent legal advice.
I note that s 33 of the QCAT Act provides that an application for the review of a reviewable decision must be made within 28 days of, relevantly, the day the applicant is notified of the decision.
Mr Priest indicated that he received the decision on or about 9 December 2011. The application for review was therefore required to be made by 6 January 2012.
On 23 April 2018, Mr Priest filed an application to review the decision with the Tribunal. The application was filed out of time, so Mr Priest subsequently filed an application for an extension…
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- Case
- [2018] QCAT 243
- Decision Date
CaseChat Overview and Summary
The court considered various aspects of Mr. Priest's application. While Mr. Priest had good prospects of success in his review application, the court emphasised the importance of finality in litigation. The Tribunal's mandate to deal with matters fairly, economically, and quickly was cited as a reason against extending the time limit. The absence of a satisfactory explanation for the delay, the potential prejudice to the QBCC, and the overarching interests of justice were significant factors in the court's reasoning. The court referenced previous decisions to highlight that an acceptable explanation for the delay is a prerequisite for granting an extension.
Ultimately, the court concluded that the merits of Mr. Priest's case were outweighed by the lack of an adequate explanation for the delay and the prejudice to the QBCC. The court found that the interests of justice did not favour an extension of time. Therefore, the application for an extension of time was refused, and as a result, the application to review the QBCC's decision was dismissed.
ORDERS:
1. The application for an extension of time is refused.
2. The application to review a decision is therefore dismissed.
Orders
Orders of the court
1. The application for an extension of time is refused.
2. The application to review a decision is therefore dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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