Thompson v Body Corporate for Arila Lodge & Ors

[2019] QCA 267

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Procedure
3. › Queensland
4. › Time for appeal
5. › Extension of time
6. › When refused
7. › No explanation for delay
8. › No merit in proposed appeal
9. › Abuse of process
10. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 150, 151, 153
1. Appeal
2. › Procedure
3. › Queensland
4. › Appealable decisions
5. › Queensland Civil and Administrative Appeal Tribunal
6. › Whether costs assessment order is appealable as 'cost-amount decision' or 'final decision'
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 107, 150
1. Practice and Procedure
2. › Abuse of process
3. › Vexatious proceedings
4. › Incoherent and incompetent grounds of appeal
5. › Matters not raised before tribunal below

Quick Take

A costs assessment order made as a consequence of the assessment process under the QCAT Act is not a 'cost-amount decision' under s 107(1) and is not a 'final decision', and therefore is not appealable under s 150. An applicant for an extension of time to apply for leave to appeal must satisfactorily explain the delay and show reasonable prospects of obtaining leave.