Alternatively WWM & S Pty Ltd v Fenwicks Suppliers Pty Ltd
[2016] QCATA 63
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- Alternatively WWM & S Pty Ltd v Fenwicks Suppliers Pty Ltd[2016] QCATA 63
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Alternatively WWM & S Pty Ltd v Fenwicks Suppliers Pty Ltd[2016] QCATA 63
Alternatively WWM & S Pty Ltd v Fenwicks Suppliers Pty Ltd[2016] QCATA 63
CITATION: | Alternatively WWM & S Pty Ltd t/a Vine 21 v Fenwicks Suppliers Pty Ltd [2016] QCATA 063 | |
PARTIES: | Alternatively WWM & S Pty Ltd T/A Vine 21 (Applicant/Appellant) | |
V | ||
Fenwicks Suppliers Pty Ltd (Respondent) | ||
APPLICATION NUMBER: | APL085-16 | |
MATTER TYPE: | Application and Appeals | |
HEARING DATE: | On the papers | |
HEARD AT: | Brisbane | |
DECISION OF: | Justice Carmody | |
DELIVERED ON: | 18 May 2016 | |
DELIVERED AT: | Brisbane | |
ORDERS MADE: | THE APPEAL TRIBUNAL ORDERS THAT:
| |
Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 32, 61 | ||
APPEARANCES and REPRESENTATION (if any):
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]The applicant filed application for leave to appeal the decision in a minor civil dispute (MCD 269/14) a month out of time on no evidence, mistake and erroneous finding grounds.
- [2]An application to extend time under s 61 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) filed simultaneously with the Form 39 identifies the reasons warranting the waiver of the procedural limitation as (1) a need to consider the appeals process and get legal advice and (2) ignorance of “the time restraints for appeal”.
- [3]The application to extend time was refused as a matter of discretion. Consequently the application for leave lost any practical utility and was dismissed.
- [4]These are my reasons for refusing the application:
- (1)Rules of practice and procedure are made for the efficient and effective functioning and management of the business of the Tribunal.
- (2)They are expected to be obeyed by most litigants most of the time to avoid chaos.
- (3)Reasonable time limits are fixed to assist the Tribunal in administering justice and meeting the stated objects of the QCAT Act. Clearly lax enforcement is likely to be misread as a weakness to be exploited which unless corrected will eventually undermine the Tribunal’s authority and then its ability to dispense timely justice to its affairs economically in the overall public interest by, in particular, maintaining clearance rates and avoiding back logs.
- (4)Waiver of procedural irregularity is an indulgence for deserving cases – not a right for the tardy or uninformed.
- (5)The winning party is entitled to the fruits of success without undue delay and, generally speaking, the Tribunal needs to be able to close and archive finalised matters when the time allowed for appealing has expired.
- (6)Routinely overlooking non-compliance encourages some litigants to ignore them and aggrieves the majority of those who respect and faithfully adhere to the Tribunal practices and procedures.
- (7)The delay was too long to be excused without a satisfactory explanation. There is none.
- (8)Ignorance of procedural time limits is not a good enough reason. If it was, everyone would use it with predictable results. QCAT publishes the attached Facts Sheet providing accessible and relevant information about minor civil dispute appeals online. The applicant was also notified of the 28 day lodgement requirement on the MCD 269/14 decision of 13 January 2016 (under “note” at the bottom of the decision - see attached). No reason for not finding this information was given.
- (1)
ORDERS
- [5]It is the decision of the Appeal Tribunal that:
- The application for extension of time to file the application for leave to appeal or appeal is refused.
- The application for leave to appeal or appeal is therefore dismissed.
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