Prior v Kang
[2014] QCAT 672
•3 November 2014
| CITATION: | Prior v Kang [2014] QCAT 672 |
| PARTIES: | Kelly Prior (Applicant) |
| v | |
| Rudi Kang (Respondent) |
| APPLICATION NUMBER: | MCDO631-14 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | 3 November 2014 |
| HEARD AT: | Southport |
| DECISION OF: | Mr Chan, Justice of the Peace (Presiding) Mr Royce, Justice of the Peace |
| DELIVERED ON: | 3 November 2014 |
| DELIVERED AT: | Southport |
| ORDERS MADE: | 1. The tribunal refuses to grant the applicant’s application. |
| CATCHWORDS: | Minor civil dispute - reasons Queensland Civil and Administrative |
APPEARANCES and REPRESENTATION (if any):
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
Matter of Application
The tribunal noted that the applicant was seeking reasons for a decision, however the application for reasons was filed beyond the 14 days’ time-frame. The tribunal however, undertook its discretion to provide reasons for the decision even through it was outside the time limitation given there would be no issues of legal unfairness or procedural fairness arising.
The tribunal heard on the papers on the 3rd of November that the applicant sought QCAT to award the filing fee while the matter had already been heard and determined by another QCAT panel.
As the matter had already been heard by another QCAT panel and a decision handed down, this particular QCAT panel does not have the power to amend, change or review previous QCAT decisions.
Secondly, the tribunal also notes that filing fees are awarded at the discretion of the QCAT panel and it is not mandatory to grant an award.
CONCLUSION
The tribunal decline to make an award as the matter has been decided by a previous QCAT tribunal and this tribunal does not have the power to review decisions made.
0
0
1