Dankav Pty Ltd v Queensland Building Services Authority [2009] QCAT 42

Queensland Civil and Administrative Tribunal Act 2009 Citation: Dankav Pty Ltd v Queensland Building Services Authority [2009] QCAT 42 Parties: Dankav Pty Ltd -v- Queensland Building Services Authority Application No: QR192-09 Matter Type: General administrative review matters Delivered on: 10 th December 2009 Delivered at: Brisbane Hearing date: On the papers Decision of: Dr Bridget Cullen Mandikos Catchwords: Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009. Number of Paragraphs: 6 -- 1 of 2 -- ORDERS MADE: Leave is granted, permitting the Applicant, Dankav Pty Ltd, to withdraw its 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 19 th August 2009, the Applicant, Dankav Pty Ltd, filed an application for review with the then Commercial and Consumer Tribunal of a decision by the Queensland Building Services Authority (“QBSA”), dated 14 th July 2009, involving a Direction to Rectify and/or Complete issued by the QBSA against the Applicant, a licensee under the Queensland Building Services Authority Act 1991. The affidavit of service was filed with the then Commercial and Consumer Tribunal on 10 th November 2009. [2] On 27 th August 2009, the parties were directed by 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 30 th November 2009, the Applicant and Respondent filed a Form 6 Consent Notice with the then Commercial and Consumer Tribunal, requesting orders (1) permitting the withdrawal of the Applicant’s Review Application; and (2) that the parties bear their own costs of and incidental to the application. [5] 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 its Application for Review. [6] The parties to bear their own costs of and incidental to the Application for Review. -- 2 of 2 --