Savage Resorts Pty Ltd v Maksymiuk

Savage Resorts Pty Ltd has filed an application against Maksymiuk in the Queensland Civil and Administrative Tribunal (QCAT), seeking to prevent the respondent from taking certain actions in a matter before the Queensland Planning and Environment Court. The matter before QCAT is the respondent's application for an injunction to prevent the applicant from enforcing an order of QCAT, pending the outcome of a Queensland Planning and Environment Court matter. The applicant had previously been successful in proceedings before QCAT, and the matter was stayed pending the outcome of a Court of Appeal decision. The Court of Appeal has since determined the matter in favour of the applicant.

The central legal issue before QCAT was whether the respondent should be granted an injunction to prevent the applicant from enforcing an order of QCAT, pending the outcome of a Queensland Planning and Environment Court matter. The applicant argued that the respondent's application for an injunction should be dismissed, and the respondent sought leave to attend the hearing by telephone and sought documents from the QCAT registry and a transcript of an earlier matter.

QCAT held that the application for an injunction should be dismissed. The tribunal found that the respondent had not demonstrated that it was likely to succeed in the Queensland Planning and Environment Court matter, and that the applicant had a strong case for enforcement of the QCAT order. The tribunal also found that the respondent's request for documents from the QCAT registry and a transcript of an earlier matter was not necessary for the determination of the application for an injunction. The applicant was ordered to file any submissions upon which it intended to rely by 4:00pm on 9 May 2016, and the respondent was ordered to file any submissions upon which he intended to rely by 4:00pm on 6 June 2016. The hearing of the matter was to take place on a date to be specified after 6 June 2016, and each party was given leave to attend the hearing by telephone.