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[2012] QCAT 348
procedural. Interim order granted staying the cancellation decision pending determination of the stay application; Council ordered to file further submissions by 4:00pm on 9 August 2012; stay application to...
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The Queensland Civil and Administrative Tribunal granted an interim order allowing a bakery to keep operating while the Tribunal decides whether to fully stay (pause) the Council's decision to cancel its food licence. The bakery owners showed they would suffer severe financial hardship if forced to close, and a recent inspection showed the premises now met health standards. The Council was given until 9 August 2012 to provide written submissions on the stay application, which will be decided without a hearing.
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This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
[1] The Brisbane City Council cancelled the food license of Hawthorne Hot Bread & Cake Shop owned by Thanh Nguyen and Hoa Vu. Nguyen and Vu have asked the Tribunal to review that decision and in the meantime to stay the decision.
[2] They have also asked for an interim order staying the decision until the stay application can be determined.
[3] The Tribunal has the power to make such an interim order if it is appropriate to protect the parties' position for the duration of the proceeding or to secure the effectiveness of the exercise of the Tribunal's jurisdiction in the proceeding.[1]
[4] The Council opposes the interim order.
[5] Nguyen and Vu are currently operating the business under a previous interim order issued by the Tribunal.
[6] They have submitted that they will suffer severe financial hardship if they are required to close the shop pending the determination of the stay.
[7] Whilst there have been a number of breaches of standards in the past at the latest recent inspection the premises were found to be compliant.
[8] I am satisfied it's appropriate to grant the interim order staying the decision until the stay application can be determined.
Hawthorne Hot Bread & Cakes
Brisbane City Council
Interim order granted staying the cancellation decision pending determination of the stay application; Council ordered to file further submissions by 4:00pm on 9 August 2012; stay application to be determined on the papers without oral hearing