Queensland Building and Construction Commission v King t/as King Architectural

The Queensland Building and Construction Commission appealed against an interim decision of the Queensland Civil and Administrative Tribunal. The Commission sought to reopen its case and adduce further evidence after the conclusion of the evidence but before judgment. The respondent raised a new issue of bias during cross-examination without notice to the applicant. The respondent claimed that the Tribunal had breached natural justice by allowing the Commission to reopen its case without giving the respondent an opportunity to respond to the new evidence. The Commission argued that the cross-examination only went to credit and did not raise a new issue of bias.

The Queensland Civil and Administrative Tribunal considered the application under sections 139 and 140 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The Tribunal found that the principles of reopening did not apply in these circumstances. The Tribunal held that there was no denial of natural justice because the cross-examination only went to credit and did not raise a new issue of bias. The Tribunal held that the respondent was not prejudiced by the Commission's application to reopen its case and adduce further evidence.

The Queensland Court of Appeal held that leave to appeal was refused. The Court held that the Tribunal's decision was not an appealable decision because it was an interim decision. The Court held that the Tribunal had correctly considered the principles of reopening and had not breached natural justice by allowing the Commission to reopen its case and adduce further evidence. The Court held that the respondent was not prejudiced by the Commission's application to reopen its case and adduce further evidence.