Dunks v Bowman (No 2) [2011] QCATA 344

CITATION: Dunks v Bowman (No 2) [2011] QCATA 344 PARTIES: Karen Margaret Dunks v Beverley Anne Bowman APPLICATION NUMBER: APL414-11 MATTER TYPE: Appeals HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Member DELIVERED ON: 19 December 2011 DELIVERED AT: Brisbane ORDERS MADE: 1. Application for leave to appeal dismissed. CATCHWORDS : APPEAL – TRIBUNAL’S JURISDICTION – where application for leave to appeal – where tribunal refused to grant stay – where appeal of decision to refuse stay – whether tribunal has jurisdiction to hear that appeal Queensland Civil and Administrative Tribunal Act 2009, s 150 APPEARANCES and REPRESENTATION (if any): This matter was heard on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009. REASONS FOR DECISION [1] Ms Dunks has filed an application for leave to appeal a decision of the tribunal which required her to pay $5,104.95 to her landlord. A Senior Member of the tribunal, sitting as the appeal tribunal, refused to stay the original decision. Ms Dunks has filed an application for leave to appeal the learned Senior Member’s refusal of a stay. -- 1 of 2 -- 2 [2] A person can appeal a decision of the appeal tribunal only to the Court of Appeal.1 A person can only appeal against a decision to refuse leave, a costs amount decision or a final decision. An appeal may only be made on a question of law and with the leave of the Court of Appeal. [3] It follows, therefore, that Ms Dunks cannot appeal a decision of the appeal tribunal to another member of the tribunal. Because the learned Senior Member’s decision was not a costs decision, a final order or a refusal of leave to appeal, there is no appeal to the Court of Appeal. The learned Senior Member’s decision is final and this application for leave to appeal should be dismissed. 1 Queensland Civil and Administrative Tribunal Act 2009, s 150. -- 2 of 2 --