The Star Entertainment Qld Limited v The Regulator under the Electrical Safety Act

The Star Entertainment Queensland Limited appealed against a decision of the Tribunal, which had confirmed the Regulator's issuance of improvement notices to the applicant under the Electrical Safety Act. The applicant contended that the Tribunal erred in law and fact in confirming the Regulator's decision that there was a dangerous electrical event, and that the improvement notices were valid. The applicant also sought leave to appeal on the basis of an error of fact. The Court was required to determine whether the Tribunal had made an error of law or fact, and if the latter, whether leave to appeal should be granted.

The Court examined the nature of the dangerous electrical event, the removal of electrical equipment, and whether the applicant was aware of the event. The Court found that the Tribunal did not err in concluding that a dangerous electrical event occurred and that it arose out of the conduct of the applicant's business. The Court also found that the Tribunal did not err in concluding that the electrical work fell within the definition of electrical work in the Act and that the improvement notices were valid. The Court held that the applicant had not demonstrated any error of law or fact on the part of the Tribunal, and that leave to appeal should not be granted.

The Court dismissed the appeal and refused the application for leave to appeal. The Court ordered that the parties must file and serve written submissions in relation to the costs of the application for leave to appeal or appeal within 28 days of the delivery of these orders. The Court held that the applicant's arguments did not demonstrate any error of law or fact on the part of the Tribunal, and that the appeal and application for leave to appeal should be dismissed. The Court also held that the costs of the application for leave to appeal or appeal should be assessed in accordance with the usual principles of costs in appellate proceedings.