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- Unreported Judgment
Keeley v Gympie Road Medical Centre QCAT 123
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
Keeley v Gympie Road Medical Centre & Ors  QCAT 123
GYMPIE ROAD MEDICAL CENTRE
29 April 2019
On the papers
Member Ann Fitzpatrick
The application to strike out the application of the applicant is dismissed.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DISMISSAL OF PROCEEDINGS – where respondents complain of non-compliance with Tribunal directions and seek to strike out application
First and Third Respondent:
S Black, Special Counsel, Avant Mutual
D Davison, Meridian Lawyers
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
- On 22 June 2018 this Tribunal decided to dismiss a strike out application made by the respondents.
- A request was made for reasons for the decision on 28 June 2018, but not immediately relayed to me.
- The reasons for the decision are as follows:
- (a)insofar as the respondents complain of non-compliance with Directions of the Tribunal by the applicant, a search of the Tribunal’s file reveals that the applicant in fact complied with the Tribunal’s Directions of 26 March 2018 by filing a Statement of Contentions at the Pine Rivers Court House;
- (b)the respondents have demonstrated no prejudice which cannot be rectified by delivery to the respondents of the applicant’s material filed in the Tribunal;
- (c)the applicant has advised the Tribunal that he suffers from literacy impairment which offers some acceptable explanation for delay and limitations in his material;
- (d)the matters raised in the first and third respondents’ submissions of 28 May 2018 are matters which are best determined on a hearing of the matter when findings of fact can be made following an assessment of the witnesses and evidence.
- (e)it is a serious matter to dismiss a claim without a hearing. The Anti-Discrimination Act 1991 (Qld) is remedial legislation intended to protect human rights. I do not consider it just on the material and the disputed facts to deprive the applicant of an opportunity for an independent determination of his claim.
- The application is dismissed.
- Published Case Name:
Keeley v Gympie Road Medical Centre & Ors
- Shortened Case Name:
Keeley v Gympie Road Medical Centre
 QCAT 123
29 Apr 2019