Bosley v John Page Machinery [2011] QCATA 173

CITATION: Bosley v John Page Machinery [2011] QCATA 173 PARTIES: Mr Paul Bosley v John Page Machinery trading as John Page Motors, John Page Machinery APPLICATION NUMBER: APL090-11 MATTER TYPE: Appeals HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Richard Oliver, Senior Member Peta Stilgoe, Member DELIVERED ON: 13 July 2011 DELIVERED AT: Brisbane ORDERS MADE: Leave to appeal refused CATCHWORDS: APPEAL – where no record of proceeding – where no reasons for decision available – where application for leave to appeal filed more than 28 days after notice that no reasons available Queensland Civil and Administrative Tribunal Act 2009 ss143(3), 143(5) Manson v Collins [2010] QCATA 63 APPEARANCES and REPRESENTATION (if any): This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). -- 1 of 2 -- 2 REASONS FOR DECISION Mr Oliver [1] In this matter the Appeal Tribunal consisted of Ms Stilgoe, QCAT Member and me. I have had the benefit of reading her reasons in draft. I agree with her reasons, and her conclusions, and the order she proposes. Ms Stilgoe [2] John Page Machinery took delivery of Mr Bosley’s tractor in 2008 in order to effect repairs to it. Some repair work was undertaken but John Page Machinery was unable to pinpoint the exact problem with the tractor. It rendered invoices that were not paid so it exercised a lien over the tractor. The disassembled tractor lay in John Page Machinery’s yard without protection from the weather for a considerable period. Mr Bosley brought a claim that John Page Machinery pay him the value of the tractor in a repaired condition; his claim was dismissed. [3] Mr Bosley has appealed the learned Member’s decision on the ground that the hearing was not recorded and no reasons for decision were given. [4] Because this is an appeal from a decision of the tribunal in its minor civil dispute jurisdiction, leave is necessary. Ordinarily, the failure to give reasons is a ground for leave to appeal. However, Mr Bosley’s application faces a fundamental problem. [5] Section 143(3) of the Queensland Civil and Administrative Tribunal Act 2009 provides that an application for leave to appeal must be filed within 28 days after the relevant day. “Relevant day” is defined as1 the day the person is given written reasons for the decision being appealed against. [6] Mr Bosley did not receive any reasons but that cannot mean that his right to lodge an application for leave to appeal is at large. That cannot have been Parliament’s intention. Adopting the reasoning of the Deputy President2, a sensible interpretation of s143(5) is that Mr Bosley’s right to file an application for leave to appeal expires within 28 days after he received notification that the tribunal was unable to provide him with reasons. [7] The tribunal advised Mr Bosley that it was unable to provide him with reasons by letter dated 10 November 2010. Mr Bosley did not file his application until 18 March 2011. On any view, Mr Bosley’s application is well outside the 28-day time limit in s143(3). On that limited ground, leave to appeal should be refused. 1 Queensland Civil and Administrative Tribunal Act 2009, s143(5). 2 Manson v Collins [2010] QCATA 63 -- 2 of 2 --