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Maruna v Queensland Building and Construction Commission[2018] QCAT 442

Maruna v Queensland Building and Construction Commission[2018] QCAT 442

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Maruna v Queensland Building and Construction Commission [2018] QCAT 442

PARTIES:

CRYSTAL MARUNA

(applicant)

 

v

 

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR268-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

17 December 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The application to review a decision filed on 9 July 2018 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application is filed out of time – where no extension of time sought – where application dismissed

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47

REPRESENTATION:

 

Applicant:

Self-represented

Respondent:

M Hanlon

APPEARANCES:

 

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

  1. [1]
    On 9 July 2018, Ms Maruna filed an application to review a decision with the Tribunal.  The decision she sought to review was a decision made by the Building Services Authority on 10 July 2012.  In her application, Ms Maruna stated that she received the decision on 20 July 2012.
  2. [2]
    On 19 September 2018, the Tribunal directed Ms Maruna to file an application to extend time by 10 October 2018.  She did not do so, and has not at any stage filed an application to extend time.  In email correspondence with the Tribunal on 10 October 2018, Ms Maruna stated:

As detailed in my below email [dated 9 October 2018] I am not comfortable filing a Form 42 – application to extend or shorten a time limit or for waiver as that is not what I am seeking.  There would be no utility in me seeking an extension or waiver of a time limit that was set by the BSA now QBCC back in 2012 that was 6 months from the date of completion of the building works as QBCC cannot go back and ask Shane Firmin Carpentry to rectify works that should have been rectified in 2012 as 6 years have passed since the BSA now QBCC made an error in their decision.

  1. [3]
    On 16 November 2018, the Queensland Building and Construction Commission (‘QBCC’) filed an application for miscellaneous matters seeking to have the application to review a decision dismissed.  The QBCC relied on a number of grounds, including that the application to review a decision was filed out of time.
  2. [4]
    The time allowed under s 33(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) for making an application for review is as follows:

the application must be made, by filing it in the registry, within 28 days after the relevant day.

  1. [5]
    The “relevant day” is defined in s 33(4), relevantly, as “the day the applicant is notified of the decision”.
  2. [6]
    As Ms Muruna received the decision on 20 July 2012 but did not file an application to review a decision until 9 July 2018, she is almost six years out of time.  The Tribunal directed Ms Maruna to file an application to extend time, but she did not do so.  Her reasons for refusing to do so are misconceived. 
  3. [7]
    In circumstances where the application to review a decision was filed out of time, and Ms Maruna has declined to seek an extension of time when directed by the Tribunal to do so, I will dismiss the application pursuant to s 47(1)(b) of the QCAT Act on the basis that it is lacking in substance.
Close

Editorial Notes

  • Published Case Name:

    Crystal Maruna v Queensland Building and Construction Commission

  • Shortened Case Name:

    Maruna v Queensland Building and Construction Commission

  • MNC:

    [2018] QCAT 442

  • Court:

    QCAT

  • Judge(s):

    Member Cranwell

  • Date:

    17 Dec 2018

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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