Storry v Chief Executive of the Office of Fair Trading, Department of Justice and Attorney-General

[2021] QCA 30

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Procedure and evidence
4. › Applications
5. › Power to dismiss applications under s 48 of Judicial Review Act 1991 (Qld)
6. › Whether application was abuse of process
7. › Whether significant delay without reasonable explanation justified dismissal
8. › Whether re-litigation of previously discontinued or dismissed proceedings constituted abuse of process
9. › Judicial Review Act 1991 (Qld), s 48
1. Administrative Law
2. › Judicial review
3. › Procedure and evidence
4. › Applications
5. › Whether court obliged to consider strength of applicant's case when determining application for dismissal under s 48
6. › Whether failure to expressly assess merits constituted error
7. › Judicial Review Act 1991 (Qld), s 48
1. Administrative Law
2. › Judicial review
3. › Procedure and evidence
4. › Applications
5. › Whether primary judge required to consider s 52 of Queensland Civil and Administrative Tribunal Act 2009 (Qld)
6. › Transfer of proceedings from QCAT to court
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 52
1. Appeal
2. › Leave to appeal
3. › Application for leave to appeal from order dismissing judicial review application
4. › Whether error demonstrated in primary judge's reasoning
5. › Judicial Review Act 1991 (Qld), s 48(5)

Quick Take

When applying to dismiss a judicial review application under s 48 of the Judicial Review Act 1991 (Qld), it is sufficient to establish one ground under s 48(1) and the court is not necessarily obliged to assess the strength of the applicant's substantive case.