The National Injury Insuranceagency, Queensland v Thomas Taylor
[2020] QCA 223
•15 OCTOBER 2020
[2020] QCA 223
COURT OF APPEAL
PHILIPPIDES JA
MULLINS JA
BODDICE J
Appeal No 6743 of 2020
SC No 284 of 2020
THE NATIONAL INJURY INSURANCE
AGENCY, QUEENSLAND Appellant
v
THOMAS TAYLOR Respondent
BRISBANE
THURSDAY, 15 OCTOBER 2020
JUDGMENT
BODDICE J: This appeal raises the correctness of the exercise of a discretion under s 30(1)(d) of the Judicial Review Act 1991 (Qld) to direct the appellant to act in a particular way when the decision-maker had conceded the decision was not made in accordance with the law and had not been afforded the opportunity to reconsider the matter. Whilst there are substantial reasons to challenge the correctness of making a direction in such circumstances, there is no utility in determining this appeal, as the service request in question has expired and was the only service request before the primary judge. I would order that the appeal be dismissed.
PHILIPPIDES JA: I agree.
MULLINS JA: I agree.
...
PHILIPPIDES JA: So the appellant will pay the respondent’s costs of the appeal on the standard basis.
MR McLEOD: Yes, your Honour.
PHILIPPIDES JA: And I so order.
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