| CITATION: | Watkins v Queensland Building Services Authority [2013] QCAT 535 |
| PARTIES: | Mr Russell Ian Watkins (Applicant) |
| v | |
| Queensland Building Services Authority (Respondent) |
| APPLICATION NUMBER: | GAR265-13 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Dr J R Forbes, Member |
| DELIVERED ON: | 3 October 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application for extension of time is dismissed. 2. The application for review is dismissed. |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland…
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- Case
- [2013] QCAT 535
- Decision Date
CaseChat Overview and Summary
Dr J R Forbes, Member, found that the application for review should be read beneficially to refer to at least two categories of decisions that the Tribunal has power to review under the QBSAA. However, the application was filed more than three years after the subject decision was made and must fail unless the Tribunal allows an extraordinarily long extension of time. The Member declined to follow an interlocutory decision of the District Court that section 61 of the QCAT Act enables the Tribunal to extend the time limits in section 86(2) of the QBSAA. The Member held that the prohibition in section 86(2) is substantive and a condition of jurisdiction, and that section 61 of the QCAT Act may not be used to escape it. The application for review was incurably out of time and the Tribunal had no jurisdiction to entertain it.
The final orders of the Tribunal were that the application for extension of time and the application for review were dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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