Sandor v Department of Housing and Services

Case

[2017] QCATA 88

20 April 2017


CITATION: Sandor v Department of Housing and Services [2017] QCATA 88
PARTIES: Miklos Karoly Sandor
(Applicant/Appellant)
v

Department of Housing and Services
(Respondent)

APPLICATION NUMBER: APL067-17
MATTER TYPE: Application and Appeals
HEARING DATE: On the papers
20 April 2017
HEARD AT: Brisbane
DECISION OF: Justice Carmody
DELIVERED AT: Brisbane
ORDERS MADE:

THE APPEAL TRIBUNAL ORDERS THAT:

1.    The application for leave to appeal or appeal filed in Maroochydore is dismissed for want of jurisdiction.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – non-appellable decision – dismissed for want of jurisdiction

Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 32, 139

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. On 10 February 2017 the tribunal refused the applicant’s bid to reopen MCD 174/12.

  2. The respondent filed an application for leave to appeal or appeal that decision on 2 March 2017.[1]

    [1] Filed Magistrates court Maroochydore.

  3. Section s 139(5) of the QCAT Act provides the tribunal’s decision on the application is final and can not be challenged, appealed against, reviewed, set aside, or called in question in another way.

  4. Thus, on 20 April 2017 I dismissed the application for leave to appeal or appeal.

  5. On 11 May 2017, eight days out of time, the respondent filed a request for reasons.

  6. The application for leave to appeal was dismissed for want of jurisdiction because it was attempting to appeal a decision which by statue is not appealable.


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