Toni Colin Reihana v Trevor Davern

[2015] HCASL 176

TONI COLIN REIHANA

v

TREVOR DAVERN & ANOR

[2015] HCASL 176
B34/2015

1. The applicant brought proceedings in the Queensland Civil and Administrative Tribunal ("QCAT") seeking compensation arising out of the relocation of two caravans within the Beenleigh showgrounds. On 25 February 2013, QCAT adjourned the proceedings so that the parties might attend a conciliation conference, as required by s 416 of the Residential Tenancies and Rooming Accommodation Act 2008 (Q).

2. The applicant sought judicial review of QCAT's decision to adjourn the proceedings in the Supreme Court of Queensland.  On 12 June 2014, Wilson J dismissed the application holding that QCAT's decision was not attended by jurisdictional error.

3. The applicant appealed to the Court of Appeal of the Supreme Court of Queensland (Holmes and Gotterson JJA and Jackson J).  On 27 March 2015, the appeal was unanimously dismissed. 

4. The applicant seeks special leave to appeal. The applicant does not have legal representation. The application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth) ("the Rules").

5. The application for special leave was not filed within time and the applicant asks that compliance with the Rules be dispensed with. There is no utility in making the order sought.

6. Nothing in the material filed in support of the application favours the grant of special leave.  The judgment of the Court of Appeal was plainly correct.  An appeal to this Court would have no prospect of success. 

7. The application is dismissed.

8. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
4 November 2015 S.J. Gageler