Reihana v QCAT Client Services Manager

Reihana v QCAT Client Services Manager involved Mr Reihana, a self-represented litigant, who sought to challenge a Queensland Civil and Administrative Tribunal (QCAT) determination in relation to a tenancy dispute. Mr Reihana had his caravans removed from the Beenleigh Show Grounds, which was compulsorily acquired by the Logan City Council. He had refused to move his vans and subsequently sought to resist their removal and reopen the termination of his tenancy in QCAT. Although his applications were unsuccessful, Mr Reihana sought to have the termination of his tenancy set aside through statutory orders of review in the Supreme Court. The primary issue was whether the appeal was incompetent because it was made without a grant of leave by the Chief Justice or a judge of the Trial Division under s 64 Supreme Court Act 1991 (Qld). Additionally, Mr Reihana argued for the existence of an equitable jurisdiction to award compensation for the time of a self-represented litigant.

The Supreme Court found that the appeal was not incompetent, as the Chief Justice's refusal to direct QCAT to reconsider the matter with an oral hearing was not an error. The Court held that there was no demonstrated basis for the Chief Justice to make such a direction, as it was not shown that Mr Reihana would not receive a fair and appropriate reconsideration of his case in the absence of an oral hearing in QCAT. Furthermore, the Court rejected Mr Reihana's argument for an equitable jurisdiction to award compensation for the time of a self-represented litigant. The Court found that Mr Reihana's argument had no basis in law and was not supported by any relevant authority.

The Supreme Court dismissed the appeal and ordered Mr Reihana to pay each respondent the costs of the appeal. Byrne SJA and McMurdo JA agreed with the decision. The Court held that it was an interesting argument, but it could not be acceded to. Mr Reihana was entitled to some very limited costs arising from his success in the application on which Justice Boddice ruled, and they were for photocopying and filing fees, which amounted to $160.