Rintoul v Qld

[2018] QCA 20

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Queensland Civil and Administrative Tribunal
4. › Appeal on question of law only
5. › Whether application raises question of law warranting grant of leave
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Administrative Law
2. › Tribunals
3. › Natural justice
4. › Reasonable opportunity to call or give evidence
5. › Whether self-represented party denied reasonable opportunity to examine witness in chief where statutory declaration adopted as evidence-in-chief
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 28, 95
1. Administrative Law
2. › Tribunals
3. › Procedure
4. › Tribunal's discretion as to procedure
5. › Use of witness statements as evidence-in-chief
6. › Self-represented litigants
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 3, 28, 29
1. Practice and Procedure
2. › Costs
3. › Costs follow the event
4. › Whether limited capacity to pay is sufficient reason to depart from usual order

Quick Take

Where a tribunal permits a witness's written statement to stand as evidence-in-chief and offers the calling party an opportunity to adduce additional oral evidence, the calling party is not denied natural justice merely because they were not permitted to conduct a full oral examination-in-chief before cross-examination. A party's limited capacity to pay costs is not a sufficient reason to depart from the usual order that costs follow the event.