Redbay Consulting Pty Ltd v Systems and Software Quality Institute Pty Ltd

Case

[2014] QCAT 196


CITATION: Redbay Consulting Pty Ltd & Ors v Systems and Software Quality Institute Pty Ltd & Ors [2014] QCAT 196
PARTIES: Redbay Consulting Pty Ltd
Angela Beverley Tuffley
Dr David John Tuffley
(Applicants)
v
Systems and Software Quality Institute Pty Ltd
Aziza Dromey
Pamela Holsinger
(Respondents)
APPLICATION NUMBER: MCDO1463-13
MATTER TYPE: Other minor civil dispute matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Adjudicator Bertelsen
DELIVERED ON: 28 March 2014
DELIVERED AT: Brisbane
ORDERS MADE: 1.    The application to correct a decision is refused.
CATCHWORDS: Correction of decision – statutory time frames – application heard – decision made – no findings warranting correction

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

  1. An application to correct a decision must be made within 28 days after the “relevant day” i.e. if written reasons are requested then within 28 days of being furnished with written reasons or within 28 day of receipt of notice of decision. Here the decision was given on 12 December 2013. Application for correction was made on 6 February 2014. There is no evidence that the application for correction has been made within time.

  2. As for the Tribunal seeing fit to correct the decision of its own accord there was no request during the course of the proceeding nor at its conclusion that the names of Aziza Dromey and Pamela Holsinger be removed as respondents.

  3. Whilst it was initially observed that invoices were directed to Systems and Software Quality Institute Pty Ltd is was evident during the course of the proceeding that both Aziza Dromey and Pamela Holsinger were intimately involved and their conduct intermingled with that of Systems and Software Quality Institute Pty Ltd such as to preclude any further comment on or finding on the issue of the inclusion of Aziza Dromey and Pamela Holsinger as a co-respondents. Hence, no finding was made specifically excluding Aziza Dromey and Pamela Holsinger. No adequate reason for the removal of their names has been proffered.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0