Rowse v Queensland Building and Construction Commission
[2020] QCAT 344
•7 September 2020
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Rowse v Queensland Building and Construction Commission [2020] QCAT 344
PARTIES: JEFFREY RICHARD ROWSE (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
GAR 138 – 20
MATTER TYPE:
General administrative review matters
DELIVERED ON:
7 September 2020
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Paratz AM
ORDERS:
The application for miscellaneous matters filed by the applicant on 13 July 2020 is dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where an application for miscellaneous matters was filed seeking to consolidate two separate matters in the Tribunal – where one of the matters had been withdrawn – where the application to consolidate matters was misconceived
REPRESENTATION:
Applicant:
Self-represented
Respondent:
Queensland Building and Construction Commission
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
A Request for Reasons from Jeffrey Richard Rowse was received on 3 September 2020 in case number GAR 138-20, in relation to a decision made by me on the Papers on 31 July 2020 in case number GAR 138-20 dismissing an application for miscellaneous matters filed on 13 July 2020. These are the reasons for that decision.
Imtec Projects Pty Ltd (the builder) filed an Application to Review a Decision of the Queensland Building and Construction Commission (the QBCC) on 24 September 2019 which was given the case number GAR 396–19.
Mr Jeffrey Richard Rowse (the owner) filed an Application to Review a Decision of the Queensland Building and Construction Commission on 27 April 2020 which was given the case number GAR 138–20.
The Tribunal gave Directions in relation to case number GAR 396-19 on 23 June 2020, inviting the QBCC to reconsider the decision under review, and to advise the outcome by 4:00pm on 22 July 2020.
The QBCC filed a letter in the registry on 9 July 2020 enclosing a Reconsideration of Decision dated that day in case number GAR 396-19. That reconsideration set aside the QBCC decision of 20 September 2019 to issue certain directions to rectify to the builder, and substituted a new decision to not issue a Direction to Rectify.
The builder filed a form of Withdrawal of Application or Referral in case number GAR 396-19 on 10 July 2020.
The Tribunal subsequently finalised the file in case number GAR 396-19 accordingly.
The owner filed an application for miscellaneous matters on 13 July 2020 in case number GAR138-20 seeking the following directions:
To add case number GAR396-19 to case number GAR138-20.
The owner gave his reasons for seeking these directions as follows:
The circumstances of case number GAR 396-19 are the same as GAR138-20 in respect to the decisions made by QBCC reference numbers 56372 and 756831.
Case number GAR396-19 had therefore been withdrawn at the time that the owner filed his application on 13 July 2020.
The application for miscellaneous matters filed by the owner on 13 July 2020 came before me for consideration on the papers on 31 July 2020.
Section 47(1)(a) of the Queensland Civil and Administrative Tribunal Act 2009 provides that if the Tribunal considers a part of the proceeding is misconceived, the Tribunal may, if the party who brought the part is the applicant for the proceeding, order the part to be dismissed under section 47(2)(a).
The owner’s Application for miscellaneous matters filed on 13 July 2020 to ‘add’ case number GAR 396-19 to case number GAR 138-20 was misconceived at that time, as case number GAR396-19 had been withdrawn on 10 July 2020.
I accordingly made a decision On the Papers, without written reasons, on 31 July 2020, that the Application for miscellaneous matters filed by the owner on 13 July 2020 be dismissed.
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