Ericson v Queensland Building and Construction Commission

[2016] QCA 140

Queensland Court of Appeal

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Catchwords

1. Administrative Law
2. › Administrative Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeals from Appeal Tribunal to Court of Appeal
5. › Leave to appeal
6. › Limited to questions of law
7. › Whether applicant demonstrated question of law
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Administrative Law
2. › Administrative Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Jurisdiction of Appeal Tribunal
5. › Distinction between appeals on questions of law and appeals on questions of fact or mixed fact and law
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 146, 147

Quick Take

An appeal from the QCAT Appeal Tribunal to the Court of Appeal under s 150 of the QCAT Act is limited to questions of law and requires leave. Where the Appeal Tribunal correctly identifies and applies the relevant statutory provision (s 146 or s 147) and follows the law as set out in prior appellate decisions, leave will be refused.

Case Details

Citation[2016] QCA 140

CourtQCA

JurisdictionQueensland

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Relies on3

2014Ericson v Queensland Building and Construction CommissionQCA 297
2013Ericson v Queensland Building Services AuthorityQCA 391
2012Underwood v Queensland Department of Communities (State of Queensland)QCA 158

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