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Keeley v Gympie Road Medical Centre[2019] QCAT 123

Keeley v Gympie Road Medical Centre[2019] QCAT 123

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Keeley v Gympie Road Medical Centre & Ors [2019] QCAT 123

PARTIES:

SHANE KEELEY

(applicant)

v

GYMPIE ROAD MEDICAL CENTRE

BAHRAM ADELI

JANIS BLACKWELL

(respondents)

APPLICATION NO/S:

ADL007-18

MATTER TYPE:

Anti-discrimination matters

DELIVERED ON:

29 April 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Ann Fitzpatrick

ORDERS:

The application to strike out the application of the applicant is dismissed.

CATCHWORDS:

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

REPRESENTATION:

 

Applicant:

Self-represented

First and Third Respondent:

S Black, Special Counsel, Avant Mutual

Second Respondent:

D Davison, Meridian Lawyers

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 22 June 2018 this Tribunal decided to dismiss a strike out application made by the respondents.
  2. [2]
    A request was made for reasons for the decision on 28 June 2018, but not immediately relayed to me.
  3. [3]
    The reasons for the decision are as follows:
    1. (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;
    2. (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;
    3. (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;
    4. (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.
    5. (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.
  4. [4]
    The application is dismissed.
Close

Editorial Notes

  • Published Case Name:

    Keeley v Gympie Road Medical Centre & Ors

  • Shortened Case Name:

    Keeley v Gympie Road Medical Centre

  • MNC:

    [2019] QCAT 123

  • Court:

    QCAT

  • Judge(s):

    Member Fitzpatrick

  • Date:

    29 Apr 2019

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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