Total Driver Pty Ltd v Hedley

Total Driver Pty Ltd, along with Gene Corbett, appealed against the decision of the Adjudicator who had refused their application for an adjournment on medical grounds. The matter was ultimately considered by the Appeal Tribunal of the Queensland Civil and Administrative Tribunal. The Tribunal found that the appeal was unsuccessful and refused the applicants leave to appeal. The applicants sought to amend the Tribunal's record to reflect the correct name of one of the appellants, Total Driver Pty Ltd, and also sought to have fresh evidence admitted before the Tribunal. This evidence was an affidavit made by Gene Corbett, dated 20 August 2019. The Tribunal refused to amend the record to show the correct name of the appellant and also refused to admit the fresh evidence, but did admit the 20 August 2019 affidavit by Gene Corbett in evidence.

The principal legal issue in this appeal was whether the Adjudicator had made an error in refusing the adjournment application on medical grounds. The applicants argued that the Adjudicator had erred in his decision and that there were reasonably arguable grounds for an appeal. The applicants also argued that the refusal to reopen the proceeding was not a bar to the appeal. The Appeal Tribunal found that the evidence put forward in support of the appeal was unconvincing and that the Adjudicator had not erred in his decision to refuse the adjournment application.

The Appeal Tribunal held that the refusal to reopen the proceeding was a final decision and could not be appealed against. The Tribunal found that the decision to refuse the adjournment application was correct and that there were no reasonably arguable grounds for an appeal. The Tribunal also held that the failure to reopen the proceeding did not prevent the appeal from proceeding. The Tribunal refused the applicants leave to appeal and dismissed the appeal. The Tribunal did, however, amend its record to show the correct name of the appellant and admitted the 20 August 2019 affidavit by Gene Corbett in evidence.