Robertson & Anor v Airstrike Industrial Pty Ltd

[2016] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Extension of time
3. › Application for leave to appeal
4. › Delay of 17 months
5. › Whether circumstances compelling
6. › Whether expert psychological evidence relevant where conscious decision made not to appeal
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150, s 151
1. Appeal
2. › Right of appeal
3. › Appeal on question of law only
4. › Whether 'no evidence' ground constitutes question of law
5. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)
1. Appeal
2. › Extension of time
3. › Relevant considerations
4. › Whether appeal would finally dispose of proceeding
5. › Principle of finality
6. › Second appeal from tribunal
1. Trade and Commerce
2. › Consumer protection
3. › Misleading or deceptive conduct
4. › False representations about property
5. › Whether statement that access was 'temporary' with no time frame was misleading
6. › Distinction between s 574 PAMDA and s 52 Trade Practices Act 1974 (Cth)
7. › Property Agents and Motor Dealers Act 2000 (Qld), s 574

Quick Take

A 'no evidence' ground of appeal from the QCAT appeal tribunal constitutes an appeal 'only on a question of law' within s 150(3) of the QCAT Act. Expert psychological evidence as to a party's functioning will not often assist in explaining delay where a conscious and rational decision was made not to appeal within time based on legal advice. Where the extension sought exceeds one year in the context of a second appeal from a tribunal, the circumstances must be compelling. Section 574 of PAMDA may not be equivalent to s 52 of the Trade Practices Act, and courts should not uncritically apply TPA case law to PAMDA without analysing the textual differences.