Drift Palm Cove Body Corporate v Drift Palm Cove Management Pty Ltd [2013] QCATA 249

CITATION: Drift Palm Cove Body Corporate CTS 36253 v Drift Palm Cove Management Pty Ltd [2013] QCATA 249 PARTIES: Drift Palm Cove Body Corporate CTS 36253 (Applicant/Appellant) v Drift Palm Cove Management Pty Ltd (Respondent) APPLICATION NUMBER: APL331-13 MATTER TYPE: Appeals HEARING DATE: 12 September 2013 HEARD AT: Brisbane DECISION OF: Michelle Howard, Acting Senior Member DELIVERED ON: 12 September 2013 DELIVERED AT: Brisbane ORDERS MADE: 1. The stay application is refused. CATCHWORDS: STAY APPLICATION- Where stay order sought in respect of a decision other than the decision for which an application for leave to appeal and appeal has been filed Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 145(2) APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). REASONS FOR DECISION [1] On 30 November 2011, a Member of the Tribunal made orders amending the reviewable terms of a caretaking agreement between the parties. That decision has not been appealed. -- 1 of 2 -- 2 [2] On 8 July 2013, a Member of the Tribunal determined 3 applications made by Drift Palm Cove Body Corporate. The applications were to extend the time for filing of an application to reopen the proceedings, for leave to file further material and an application to reopen the proceedings. The Tribunal allowed the filing of further material, but refused the application to extend time to make the reopening application. Consequently it dismissed the reopening application. [3] The Body Corporate has now filed an application for leave to appeal and appeal in respect of the decision of 8 July 2013, and an application to stay the decision of 30 November 2011. [4] The stay application has come to me for determination. Section 145(2) of the QCAT Act provides that the Tribunal may make an order staying the operation of the decision being appealed against until the appeal is decided. It must consider a stay application against established principles to determine whether it is an appropriate case for a stay order to be made. [5] In this case, a stay order is sought in respect of a decision which has not been appealed. The Tribunal has no power to order a stay of a decision which has not been appealed against. The application must be dismissed. -- 2 of 2 --