Brisbane City Council v Newton

[2014] QCA 337

Queensland Court of Appeal

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Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › From Queensland Civil and Administrative Tribunal
5. › Whether application improperly instituted
6. › Whether proposed grounds raised questions of law
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)(a)
1. Practice and Procedure
2. › Appeals
3. › Court of Appeal
4. › Jurisdiction of single Judge of Appeal
5. › Whether single Judge has power to determine application for leave to appeal from QCAT
6. › Whether r 767(b) UCPR extends to applications arising from QCAT proceedings
7. › Uniform Civil Procedure Rules 1999 (Qld), rr 745, 766, 767
8. › Supreme Court of Queensland Act 1991 (Qld), s 44(2)(a)
1. Practice and Procedure
2. › Appeals
3. › Court of Appeal
4. › Practice of sitting as bench of three for leave applications
5. › Whether single Judge should depart from usual practice

Quick Take

An assertion that an arrangement does not fall within a statutory definition (such as the definition of 'residential tenancy') is capable of being a question of law for the purposes of s 150(3)(a) of the Queensland Civil and Administrative Tribunal Act 2009. Allegations of failure to consider evidence or arguments are capable of raising questions of procedural fairness (questions of law). The question whether r 767(b) UCPR confers jurisdiction on a single Judge of Appeal to determine leave applications arising from QCAT proceedings remains unresolved.