Sainty v Director-General, Queensland Health

[2026] QCA 88

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › JUDICIAL REVIEW
3. › POWERS OF COURTS UNDER
1. Judicial Review Legislation
2. › GENERALLY
3. › where
1. applied for judicial review of a decision to make an employment directive three
1. where the application was summarily

Quick Take

The Queensland Court of Appeal refused leave to appeal against the summary dismissal of a judicial review application filed three and a half years out of time, challenging an employment suspension for non-compliance with a COVID-19 vaccination directive. The Court held the application was correctly dismissed as both substantially out of time and devoid of merit, rejecting the contention that the exercise of executive power to issue an employment directive or make a suspension decision was preconditioned upon judicial oversight by a Chapter III court. Indemnity costs were awarded against the applicant on the basis that the proceeding was bereft of merit and the applicant unreasonably refused a [name withheld] offer requiring discontinuance with each party bearing its own costs.