Queensland Civil and Administrative Tribunal Act 2009
Citation: | Dankav Pty Ltd v Queensland Building Services Authority [2009] QCAT 42 |
Parties: | Dankav Pty Ltd |
Application No: QR192-09
Matter Type: General administrative review matters
Delivered on: 10th December 2009
Delivered at: Brisbane
Hearing date: On the papers
Decision of: Dr Bridget Cullen Mandikos
Catchwords: Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009.
Number of
Paragraphs: 6
ORDERS MADE:
Leave is granted, permitting the Applicant, Dankav Pty Ltd, to withdraw its Application for Review brought against the Respondent, the Queensland Building Services Authority.
The parties to bear their own costs in this matter.
REASONS FOR DECISION
On 19th August 2009, the Applicant, Dankav Pty Ltd, filed an application for review with the then Commercial and Consumer Tribunal of a decision by the Queensland Building Services Authority (“QBSA”), dated 14th July 2009, involving a Direction to Rectify and/or Complete issued by the QBSA against the Applicant, a licensee under the Queensland Building Services Authority Act 1991. The affidavit of service was filed with the then Commercial and Consumer Tribunal on 10th November 2009.
On 27th August 2009, the parties were directed by then Commercial and Consumer Tribunal to comply with various timeframes for the lodging of relevant materials.
The Commercial and Consumer Tribunal has amalgamated into the Queensland Civil and Administrative Tribunal (“QCAT”). QCAT now hears and decides all matters previously dealt with by the Commercial and Consumer Tribunal: section 256 Queensland Civil and Administrative Tribunal Act 2009.
On 30th November 2009, the Applicant and Respondent filed a Form 6 Consent Notice with the then Commercial and Consumer Tribunal, requesting orders (1) permitting the withdrawal of the Applicant’s Review Application; and (2) that the parties bear their own costs of and incidental to the application.
Section 46 of the Queensland Civil and Administrative Tribunal Act 2009 provides that with the leave of the Tribunal, withdrawal of an application is permitted. I grant this leave, and permit the Applicant to withdraw its Application for Review.
The parties to bear their own costs of and incidental to the Application for Review.
- AGLC
- Dankav Pty Ltd v Queensland Building Services Authority [2009] QCAT 42
- Case
- [2009] QCAT 42
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Tribunal was whether it should grant leave to the Applicant to withdraw its application for review by consent. This issue required consideration of the statutory provision, section 46, which allows the Tribunal to permit the withdrawal of an application if the parties consent to it. The Tribunal needed to determine if the consent of the parties was genuine and if the withdrawal would not cause any injustice to either party.
The Tribunal considered the provision of section 46 and found that the parties had indeed consented to the withdrawal of the application. The Tribunal was satisfied that the consent was genuine and that no injustice would be caused to either party by permitting the withdrawal. Consequently, the Tribunal granted leave to the Applicant to withdraw its application for review by consent, in accordance with section 46 of the Queensland Civil and Administrative Tribunal Act 2009. The Tribunal ordered that each party bear its own costs in the matter.
Orders
Orders of the court
Leave is granted, permitting the Applicant, Dankav Pty Ltd, to withdraw its Application for Review brought against the Respondent, the Queensland Building Services Authority.
The parties to bear their own costs in this matter
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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