Crisci v Queensland Building Services Authority [2009] QCAT 28

Citation: Crisci v Queensland Building Services Authority [2009] QCAT 28 Parties: Vincent Crisci -v- Queensland Building Services Authority Application No: QR287-09 Matter Type: Occupational Regulation Delivered on: 10 th December 2009 Delivered at: Brisbane Hearing date: On the papers Decision of: Dr Bridget Cullen Mandikos Catchwords: Leave granted from procedural requirements to use QCAT forms, section 61(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009; Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009. Number of Paragraphs: 8 -- 1 of 3 -- ORDERS MADE: Leave is granted, permitting the Applicant, Mr Vincent Crisci, to withdraw his Application for Review brought against the Respondent, the Queensland Building Services Authority. The parties to bear their own costs in this matter. Reasons for Decision [1] On 3rd November 2009, the Applicant, Vincent Crisci, filed an application for review with the then Commercial and Consumer Tribunal of a decision by the Queensland Building Services Authority (“QBSA”), dated 6 th October 2009, refusing the Applicant’s application to be categorised as a permitted individual for a relevant event. The affidavit of service was filed with the then Commercial and Consumer Tribunal on 10 th November 2009. [2] On 11 th November 2009, the parties were directed by the then Commercial and Consumer Tribunal to comply with various timeframes for the lodging of relevant materials. [3] The Commercial and Consumer Tribunal has amalgamated into the Queensland Civil and Administrative Tribunal (“QCAT”). QCAT now hears and decides all matters previously dealt with by the Commercial and Consumer Tribunal: section 256 Queensland Civil and Administrative Tribunal Act 2009. [4] On 4 th December 2009, the parties filed a jointly signed “Form 6 – Consent Notice” with QCAT, using the form provided by the then Commercial and Consumer Tribunal, seeking orders permitting the withdrawal of the Applicant’s Review Application; and (2) requesting that the parties bear their own costs of and incidental to the application. [5] Section 61(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 provides that QCAT may, by order, waive non-compliance with procedural requirements under the QCAT Act. [6] In consideration of the fact that the parties had obtained the form used prior to the commencement of QCAT, and in consideration of the parties’ filing of the old form shortly after the commencement of QCAT, I order that leave be granted, dispensing with the requirement that the parties utilise the appropriate form for withdrawal by consent (in this case, QCAT “Application for decision/order by consent”) [7] Section 46 of the Queensland Civil and Administrative Tribunal Act 2009 provides that with the leave of the Tribunal, withdrawal of an application is permitted. I grant this leave, and permit the Applicant to withdraw their Application for Review. -- 2 of 3 -- [8] The parties to bear their own costs of and incidental to the Application for Review. -- 3 of 3 --