Storry v Department of Justice and Attorney-General - Office of Fair Trading
Case
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[2025] QCATA 46
•2 May 2025
Details
AGLC
Case
Decision Date
Storry v Department of Justice and Attorney-General - Office of Fair Trading [2025] QCATA 46
[2025] QCATA 46
2 May 2025
CaseChat Overview and Summary
In the case of Storry v Department of Justice and Attorney-General - Office of Fair Trading, the applicant sought leave to appeal a decision made by the Queensland Civil and Administrative Tribunal (QCAT) concerning nine review applications. The Tribunal dismissed six of the applications and allowed the remaining three to proceed for an assessment of quantum. The applicant subsequently sought leave to appeal the Tribunal's decision, but the application was filed more than two years after the decision was made. The Tribunal ruled that the remaining three applications had been abandoned, and the applicant applied for an extension of time to file the appeal application.
The court had to determine whether the applicant's application for an extension of time to file the appeal application should be granted. The key issue was whether the applicant had a valid reason for the delay in filing the appeal application, given the strict time limits set out in the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The court considered the principles of procedural fairness and the importance of adhering to statutory time limits.
The court held that the applicant had not provided a sufficient reason for the delay in filing the appeal application. The court emphasised the importance of adhering to statutory time limits and noted that the applicant had not demonstrated any exceptional circumstances that warranted an extension of time. The court also considered the potential prejudice to the respondent if the appeal were to be allowed, which further supported the decision to refuse the extension of time. Consequently, the application for leave to appeal, and all other interlocutory applications, were dismissed.
The final orders of the court were that the application to extend time to file the application for leave to appeal or appeal was refused and that the application for leave to appeal or appeal, and all other interlocutory applications, were dismissed.
The court had to determine whether the applicant's application for an extension of time to file the appeal application should be granted. The key issue was whether the applicant had a valid reason for the delay in filing the appeal application, given the strict time limits set out in the Queensland Civil and Administrative Tribunal Act 2009 (Qld). The court considered the principles of procedural fairness and the importance of adhering to statutory time limits.
The court held that the applicant had not provided a sufficient reason for the delay in filing the appeal application. The court emphasised the importance of adhering to statutory time limits and noted that the applicant had not demonstrated any exceptional circumstances that warranted an extension of time. The court also considered the potential prejudice to the respondent if the appeal were to be allowed, which further supported the decision to refuse the extension of time. Consequently, the application for leave to appeal, and all other interlocutory applications, were dismissed.
The final orders of the court were that the application to extend time to file the application for leave to appeal or appeal was refused and that the application for leave to appeal or appeal, and all other interlocutory applications, were dismissed.
Details
Key Legal Topics
Areas of Law
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Administrative Law
Legal Concepts
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Appeal
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Limitation Periods
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Jurisdiction
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Interlocutory Orders
Actions
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Citations
Storry v Department of Justice and Attorney-General - Office of Fair Trading [2025] QCATA 46
Cases Citing This Decision
0
Cases Cited
8
Statutory Material Cited
3
Crime and Misconduct Commission v Chapman & Anor
[2011] QCAT 229
Queensland Police Service v Zil
[2019] QCATA 162
Coppens v Water Wise Design Pty Ltd
[2014] QCATA 309