Storry & Anor v Chief Executive, Department of Justice and Attorney General

The case of Storry & Anor v Chief Executive, Department of Justice and Attorney General concerns an appeal against the refusal of leave to appeal a decision of the Queensland Civil and Administrative Tribunal (QCAT) and the subsequent refusal to extend the time for such an appeal. The applicants, Storry and another individual, sought to appeal the QCAT's decision to dismiss their application for dismissal or striking out of disciplinary proceedings. The QCAT Appeal Tribunal had stayed one application under section 60(2) of the Bankruptcy Act 1966 (Cth) and dismissed the other, but the applicants' subsequent leave to appeal was out of time by 11 months. The legal issues before the court were whether the extension of time should be granted and if the case warranted a substantive hearing on the merits.

The court held that the applicants had failed to demonstrate any arguable point of law to challenge the QCAT Appeal Tribunal's conclusion that the matter was one for a substantive hearing, rather than summary disposal. The court found that the issues were factually complex and required a full hearing. Additionally, the applicants did not provide a satisfactory explanation for the significant delay in filing the appeal. The court held that the Judicial Member was correct in refusing leave to appeal, and the decision did not warrant an appeal to correct a substantial injustice. The applicants could still raise all relevant points at the substantive hearing.

In conclusion, the court dismissed the application for an extension of time to apply for leave to appeal, with costs. The Court of Appeal judges, Dalton JA and Fraser AJA, concurred with the majority decision. The order of the court was that the application for an extension of time to apply for leave to appeal be dismissed, with costs.