Storry v Chief Executive of the Office of Fair Trading, Department of Justice and Attorney-General

The case of Storry v Chief Executive of the Office of Fair Trading, Department of Justice and Attorney-General involves a dispute concerning the dismissal of an application for a statutory order of review by the trial judge, who ruled that the application was both out of time and an abuse of court processes. The applicant, Anthony Storry, sought leave to appeal the trial judge's decision and argued that the judge erred by failing to consider the reasonable prospects of success, as well as not considering section 52 of the Queensland Civil and Administrative Tribunal Act 2009. The Court was required to determine whether the trial judge's decision was correct and whether the applicant should be granted leave to appeal.

The Court found that the applicant's argument regarding the failure to consider section 52 of the QCAT Act was not relevant to the primary judge's decision. The Court noted that section 52 of the QCAT Act did not apply to the decisions in question, and the primary judge was not required to address it. Furthermore, the Court found that the primary judge did consider the reasonable prospects of success, as the applicant's submissions failed to demonstrate any error in this regard. The Court concluded that the primary judge's decision was correct and that the applicant's grounds of appeal were not substantiated.

As a result of the Court's reasoning, the application for leave to appeal was refused, and the applicant was ordered to pay the respondent's costs of the application on the standard basis. The Court also refused the other relief sought by the applicant in the application filed on 30 July 2020.