LYZ Food Pty Ltd v Brisbane City Council
[2015] QCAT 155
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- Unreported Judgment
- LYZ Food Pty Ltd v Brisbane City Council[2015] QCAT 155
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LYZ Food Pty Ltd v Brisbane City Council[2015] QCAT 155
LYZ Food Pty Ltd v Brisbane City Council[2015] QCAT 155
CITATION: | LYZ Food Pty Ltd v Brisbane City Council [2015] QCAT 155 |
PARTIES: | LYZ Food Pty Ltd t/as China Kitchen Pinelands (Applicant) |
v | |
Brisbane City Council (Respondent) |
APPLICATION NUMBER: | GAR042-15 |
MATTER TYPE: | General administrative review matters |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Acting Senior Member Howard |
DELIVERED ON: | 26 March 2015 |
DELIVERED AT: | Brisbane |
ORDERS MADE: |
|
CATCHWORDS: | STAY APPLICATION- PENDING INTERNAL REVIEW- where internal review decision made before stay application decided Food Act 2006 (Qld), s 240, s 241 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 22 Bein and Anor v Brisbane City Council [2012] QCAT 409 |
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
- [1]In a decision dated 22 February 2015 (the original decision) the Brisbane City Council cancelled the business licence held by LYZ Food Pty Ltd trading as China Kitchen Pinelands.
- [2]The Food Act 2006 (Qld) (‘Food Act’) provides for a party to internally review an original decision to cancel a food licence and for a party who has sought an internal review to immediately apply to QCAT for a stay of the original decision in order to secure the effectiveness of the review and any later review.[1]
- [3]Under s 240 of the Food Act, QCAT may stay an original decision for a period which must not extend past the time when the reviewer makes a review decision about the original decision and any later period allowed to enable the applicant to apply for a review of the review decision. If a party is dissatisfied with the review decision, they may in due course apply to QCAT for a review of the review decision.[2]
- [4]On 6 March 2015, LYZ Food Pty Ltd applied for review of the decision to cancel its food licence. On the same day, it applied to QCAT for a stay of the original decision. The Tribunal made directions on 10 March 2015 for the filing of material by the parties. The stay application has now come to me for consideration.
- [5]The Brisbane City Council’s submissions advise that the internal review of the original decision was completed in a decision dated 12 March 2015 (the review decision). A copy of the review decision, which confirmed the original decision was provided by the Council.
- [6]Under s 240(4) of the Food Act, any stay made cannot extend past the time the review decision was made by the Council and any time allowed to enable the applicant to apply for review of the review decision. In this case, the review decision was made on 12 March 2015. Accordingly, the application for a stay of the original decision, pending the completion of the internal review has effectively been overtaken by events.
- [7]There is no longer any basis under the Food Act for a stay of the original decision to be granted for any period. The application for the stay of the original decision under s 240 of the Food Act must fail.[3] I make orders refusing the application.
- [8]I make the observation that it is now open to LYZ Food Pty Ltd to apply for external review in QCAT of the review decision, should it wish to do so. If it does so, it may, if it wishes to do so, apply for a stay order in respect of the review decision pursuant to s 22 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).