TA v Chadi

[2021] QCATA 154

QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL

CITATION:

TA v Chadi [2021] QCATA 154

PARTIES:

TA

(applicant/appellant)

v

ADAM CHADI

(respondent)

APPLICATION NO:

APL002-21

ORIGINATING APPLICATION NO:

ADL059-19

MATTER TYPE:

Appeals

DELIVERED ON:

30 November 2021

HEARING DATE:

4 August 2021

HEARD AT:

Brisbane

DECISION OF:

Senior Member Howard

ORDERS:

1.   The application for an extension of time to file an application for leave to appeal or appeal is refused.

2.   Until further order, other than to the parties to the proceeding, the Appeal Tribunal’s reasons for decision may be published in a de-identified format only.

CATCHWORDS: 

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – where an applicant did not file the application for leave to appeal or appeal within 28 days after the day on which the parties were given written reasons for the decision – where an application for extension of time to file the application for leave to appeal or appeal was considered – where the applicant’s reasons for not filing the application for leave to appeal or appeal within 28 days after the relevant day were considered – where the merits of the appeal were considered – whether granting an extension of time to file the application for leave to appeal or appeal was prejudicial against the respondent – whether granting an extension of time to file an application for leave to appeal or appeal was in the interests of justice – where an application for an extension of time to file an application for leave to appeal or appeal was refused

Acts Interpretation Act 1954 (Qld), s 38

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 142, s 142(1), s 143(3), s 143(4), s 143(5)(c)

Queensland Civil and Administrative Tribunal Regulation 2019 (Qld), reg 10(4), reg 10(5), reg 10(6)(c)

Aon Risk Services Pty Ltd v Australian National University (2009) 239 CLR 175

Crime and Misconduct Commission v Chapman [2011] QCAT 229

ReevevHamlyn [2015] QCATA 133

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

1. On 24 November 2020, the Tribunal in proceeding ADL059-19 dismissed TA’s complaint of victimisation under the Anti-Discrimination Act 1991 (Qld). The Tribunal also refused a number of other applications, including: an application by Mr Chadi to exclude an audio recording; an application by TA to transfer allegations he had made to the Queensland Police Service; and applications for costs by both parties. The Tribunal also declined to deal with an application by TA which sought for Mr Chadi to be punished for contempt.

2. On 5 February 2021, TA filed an application for leave to appeal or appeal in respect of the Tribunal’s decision.  That said, I acknowledge that TA attempted on several occasions in December 2020 and January 2021 to file the application or appeal. These attempts are discussed later.

3. TA filed an application for miscellaneous matters with the application for leave to appeal or appeal. The miscellaneous matters application sought, among other orders, ‘An order for…