Grimshaw v Horizon Housing Co
[2017] QCATA 40
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- Unreported Judgment
- Grimshaw v Horizon Housing Co[2017] QCATA 40
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Grimshaw v Horizon Housing Co[2017] QCATA 40
Grimshaw v Horizon Housing Co[2017] QCATA 40
CITATION: | Grimshaw v Horizon Housing Company [2017] QCATA 40 | |
PARTIES: | Paul Grimshaw (Applicant) v Horizon Housing Company (Respondent) | |
APPLICATION NUMBER: | APL096-17 | |
MATTER TYPE: | Appeals | |
HEARING DATE: | 31 March 2017 | |
HEARD AT: | Brisbane | |
DECISION OF: | Justice DG Thomas, President | |
DELIVERED ON: | 10 April 2017 | |
DELIVERED AT: | Brisbane | |
ORDERS MADE: |
| |
CATCHWORDS: | APPEAL – LEAVE TO APPEAL – WHERE APPEAL LIES – where applicant applied to stay a minor civil dispute decision – where applicant also applied to appeal the decision of the Appeal Tribunal to reinstate a warrant of possession – where application for stay refused by Appeal Tribunal – whether Appeal Tribunal has jurisdiction to hear appeal of an appeal Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 4, 9, 26, 32, 142, 149, 150, 165 Mobile Building System International Pty Ltd v Hua [2014] QCATA 336 Reihana v Beenleigh Show Society [2015] QCATA 170 | |
APPEARANCES AND REPRESENTATION:
This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).
REASONS FOR DECISION
- [1]Mr Paul Grimshaw filed an application for leave to appeal in the tribunal on 17 March 2017, pursuant to section 142 of the QCAT Act. In his application, Mr Grimshaw seeks to appeal a decision made by Senior Member Stilgoe sitting as the appeal tribunal on 10 March 2017.
- [2]Senior Member Stilgoe’s decision of 10 March 2017 refused an application made by Mr Grimshaw to stay the decision of a minor civil dispute between Mr Grimshaw and Horizon Housing Company, who are the respondents in this appeal. Mr Grimshaw sought to stay the effect of a warrant of possession issued on 15 February 2017 as part of that decision, by appealing the minor civil dispute decision.
- [3]Part 8, Division 2 of the QCAT Act provides an avenue of appeal from decisions of the appeal tribunal to the Court of Appeal. Mr Grimshaw has filed a statement in which he articulates grounds of appeal and provides submissions on why the retail tenancy agreement, subject of the minor civil dispute decision, should not be terminated.
- [4]However, the preliminary issue is whether the appeal tribunal has jurisdiction to hear the appeal, being an appeal from a decision of the appeal tribunal.
- [5]
Appeals from the Appeal Tribunal
- [6]The appeal structure for QCAT decisions is made obvious by the provisions of the QCAT Act. In summary, when judicial members do not constitute the tribunal, the QCAT Act provides a right of appeal from tribunal decisions at first instance only to the appeal tribunal, and a right of appeal from appeal tribunal decisions only to the Queensland Court of Appeal.
- [7]“The tribunal” means the Queensland Civil and Administrative Tribunal established under section 161 of the QCAT Act.
- [8]“Appeal tribunal” is defined as the tribunal constituted, or to be constituted, under section 165 for the purpose of –
- hearing and deciding an appeal against –
- a decision of the tribunal; or
- …
- deciding an application for leave to appeal against a decision mentioned in paragraph (a)(i) or (ii).
- [9]Section 142(1) deals with appeals from decisions of the tribunal at first instance and provides that a party may appeal to the appeal tribunal against a decision of the tribunal, if a judicial member did not constitute the tribunal in the first instance proceeding.
- [10]Section 150(2) deals with appeals from the appeal tribunal and allows an appeal to the Court of Appeal against a decision of the appeal tribunal.
- [11]There is a clear distinction between the usage of the words “tribunal” and “appeal tribunal” in section 142(1). That distinction is preserved in the words of section 150(2).
- [12]Section 142 does not allow an appeal to the appeal tribunal from a decision of the appeal tribunal. This interpretation follows from the words of the section.
- [13]The appeal tribunal does not have jurisdiction to hear the appeal from the appeal tribunal constituted by Senior Member Stilgoe.
- [14]Mr Grimshaw’s application for leave to appeal is dismissed for lack of jurisdiction.