De Gee v Wallace [2011] QCAT 650

CITATION: De Gee v Wallace [2011] QCAT 650 PARTIES: Mr Joshua De Gee t/as De Gee Tiling v Mr Mark Wallace t/as Red Dog Builders APPLICATION NUMBER: BDL204-11 MATTER TYPE: Building matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Ms Kerrie O'Callaghan, Senior Member DELIVERED ON: 24 October 2011 DELIVERED AT: Brisbane ORDERS MADE: The application is dismissed. CATCHWORDS : Where application dismissed for failure to comply with the Tribunal’s orders APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). REASONS FOR DECISION [1] On 3 August 2011 I made an order that the application was dismissed. A request has been received for reasons for the decision. [2] The application was filed in this matter on 20 July 2011. No affidavit of service was filed. No response has been filed. The matter was listed for a directions hearing on 6 September, neither party attended the directions hearing. [3] In those circumstances I made an order at the directions hearing that the applicant was to file in the Tribunal an affidavit of service of the application by 20 September 2011. [4] I further ordered that if no affidavit of service was filed by 20 September 2011 the application would be dismissed without further notice. [5] This order was sent to both parties. -- 1 of 2 -- 2 [6] No affidavit was filed by 20 September 2011 and accordingly I made an order on 3 October 2011 that the application was dismissed. -- 2 of 2 --