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Sandor v Department of Housing and Services[2017] QCATA 88

Sandor v Department of Housing and Services[2017] QCATA 88

CITATION:

Sandor v Department of Housing and Services [2017] QCATA 88

PARTIES:

Miklos Karoly Sandor

(Applicant/Appellant)

 

v

 

Department of Housing and Services

(Respondent)

APPLICATION NUMBER:

APL067-17

MATTER TYPE:

Application and Appeals

HEARING DATE:

On the papers

20 April 2017

HEARD AT:

Brisbane 

DECISION OF:

Justice Carmody

DELIVERED AT:

Brisbane

ORDERS MADE:

THE APPEAL TRIBUNAL ORDERS THAT:

  1. The application for leave to appeal or appeal filed in Maroochydore is dismissed for want of jurisdiction.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – non-appellable decision – dismissed for want of jurisdiction

Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 32, 139

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. [1]
    On 10 February 2017 the tribunal refused the applicant’s bid to reopen MCD 174/12.
  2. [2]
    The respondent filed an application for leave to appeal or appeal that decision on 2 March 2017.[1]
  3. [3]
    Section s 139(5) of the QCAT Act provides the tribunal’s decision on the application is final and can not be challenged, appealed against, reviewed, set aside, or called in question in another way.
  4. [4]
    Thus, on 20 April 2017 I dismissed the application for leave to appeal or appeal.
  5. [5]
    On 11 May 2017, eight days out of time, the respondent filed a request for reasons.
  6. [6]
    The application for leave to appeal was dismissed for want of jurisdiction because it was attempting to appeal a decision which by statue is not appealable.

Footnotes

[1] Filed Magistrates court Maroochydore.

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Editorial Notes

  • Published Case Name:

    Sandor v Department of Housing and Services

  • Shortened Case Name:

    Sandor v Department of Housing and Services

  • MNC:

    [2017] QCATA 88

  • Court:

    QCATA

  • Judge(s):

    Justice Carmody

  • Date:

    20 Apr 2017

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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