Stevens v Queensland Building and Construction Commission - [2020] QCAT 432

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Stevens v Queensland Building and Construction Commission [2020] QCAT 432

PARTIES:

LEE GRANT STEVENS

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR122-20

MATTER TYPE:

General administrative review matters

DELIVERED ON:

9 November 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

1.   The application to extend time filed on 3 June 2020 is dismissed.

2.   The application to review a decision filed on
2 April 2020 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – application to extend time for leave to appeal

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether application for an extension of time should be granted

Acts Interpretation Act 1954 (Qld), s 39A

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 33, s 61

Cardillo v Queensland Building Services Authority [2011] QCAT 574
Coppens v Water Wise Design Pty Ltd [2014] QCATA 309

Crime and Misconduct Commission v Chapman & Anor [2011] QCAT 229

Jensen v Queensland Building and Construction Commission [2017] QCAT 232

REPRESENTATION:

Applicant:

Self-represented

Respondent:

HWL Ebsworth

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

On 10 January 2020, the Queensland Building and Construction Commission (QBCC) decided to issue a direction to rectify to Mr Stevens.
The letter advising Mr Stevens of this decision contained the following statement:
You have the right to have this decision externally reviewed in the Queensland Civil and Administrative Tribunal (QCAT). An external review application must be lodged with QCAT within 28 days of receiving this decision.
I note that s 33 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) provides that an application for the review of a reviewable decision must be made within 28 days of, relevantly, the day the applicant is notified of the decision.
The effect of s 39A of the Acts Interpretation Act 1954 (Qld) is that the decision letter is taken to have been received ‘at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved’. In the case of a regular letter, that is three to four business days, which in this case was by 16 January 2020.
The application for review was therefore required to be made by

13 February 2020.
On 2 April 2020, Mr Stevens filed an application to review the decision with the Tribunal. The application was filed out of time, so Mr Stevens subsequently filed an application for an extension of time on 3 June 2020.
Section 61 of the QCAT Act gives the Tribunal power to extend a time limit fixed for the start of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] QCAT 432
Decision Date: 9 November 2020

CaseChat Overview and Summary

The case of Stevens v Queensland Building and Construction Commission involved the applicant, Mr Stevens, seeking an extension of time to file an application to review a decision made by the Queensland Building and Construction Commission (QBCC). The matter was before the Queensland Civil and Administrative Tribunal (QCAT). Mr Stevens' initial application to review the QBCC's decision was out of time, prompting him to file a subsequent application for an extension of time. The primary legal issue before the court was whether Mr Stevens' application for an extension of time should be granted.

The court considered the balance between the interests of justice and the desirability of finality in litigation. It was noted that finality in litigation is highly desirable and that the Tribunal's obligation to deal with matters fairly, economically, and quickly would be compromised if Mr Stevens were allowed to file his application after a considerable delay. The court also considered the absence of prejudice to the QBCC, which pointed in favour of extending the time for Mr Stevens to apply for review. However, the court held that these factors were outweighed by the interests of justice, the likely lack of merit to Mr Stevens' case, and the absence of a satisfactory explanation for the delay. The applicant had made no attempt to provide an acceptable explanation for the delay, as required by the relevant case law.

The court concluded that the application for an extension of time should be refused. Consequently, the application to review the decision was also dismissed. The court's decision was grounded in the principles of finality in litigation, the obligation of the Tribunal to deal with matters efficiently, and the need for an acceptable explanation for any delay in filing an application. The court's orders included dismissing both the application to extend time and the application to review the decision.

ORDERS:
1. The application to extend time filed on 3 June 2020 is dismissed.
2. The application to review a decision filed on 2 April 2020 is dismissed.

Orders

Orders of the court

1. The application to extend time filed on 3 June 2020 is dismissed.

2. The application to review a decision filed on

2 April 2020 is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

The interests of justice do not favour an extension. As Thomas J noted in Coppens,[3] finality in litigation is highly desirable. The Tribunal’s obligation under s 3(b) of the QCAT Act to deal with matters fairly, economically and quickly would not be achieved by allowing Mr Stevens to file this application after a considerable delay.[3][2014] QCATA 309, 4 [14].Conclusion The absence of prejudice to the QBCC points in favour of extending the time for Mr Stevens to apply for review of the exclusion decision. However, I am of the view that these factors are outweighed by the interests of justice, the likely lack of merit to Mr Stevens’s case, and the absence of a satisfactory explanation for the delay. As Member Howe observed in Cardillo v Queensland Building Services Authority, ‘it has … been said that it is a precondition to the exercise of discretion in the applicant's favour that the applicant for extension show an acceptable explanation of the delay’.[4] Mr Stevens has made no attempt to do this.[4][2011] QCAT 574, 7 [33]. The application for an extension of time is refused. The application to review a decision is therefore dismissed.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Stevens v Queensland Building and Construction Commission [2020] QCAT 432
PARTIES:	LEE GRANT STEVENS (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:	GAR122-20
MATTER TYPE:	General administrative review matters
DELIVERED ON:	9 November 2020
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Member Cranwell
ORDERS:	1. The application to extend time filed on 3 June 2020 is dismissed. 2. The application to review a decision filed on 2 April 2020 is dismissed.
CATCHWORDS:	ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – application to extend time for leave to appeal PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the applicant filed an application to review a decision out of time – where the applicant filed an application for an extension of time – whether application for an extension of time should be granted Acts Interpretation Act 1954 (Qld), s 39A Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 33, s 61 Cardillo v Queensland Building Services Authority [2011] QCAT 574 Coppens v Water Wise Design Pty Ltd [2014] QCATA 309 Crime and Misconduct Commission v Chapman & Anor [2011] QCAT 229 Jensen v Queensland Building and Construction Commission [2017] QCAT 232
REPRESENTATION:
Applicant:	Self-represented
Respondent:	HWL Ebsworth
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).