Tait v Tatnell [2001] QCA 562

Tait v Tatnell [2001] QCA 562 (11 December 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Tait v Tatnell [2001] QCA 562

PARTIES:

WILLIAM PETER TAIT

(applicant/appellant)

v

GRAHAM TATNELL

(respondent/respondent)

FILE NO/S:

Appeal No 5854 of 2001

SC No 199 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

11 December 2001

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGES:

Thomas JA, Douglas and Mullins JJ

Judgment of the Court

ORDER:

Appeal dismissed with costs.

CATCHWORDS:

ADMINISTRATIVE LAW - JUDICIAL REVIEW LEGISLATION - appellant filed a claim in the Small Claims Tribunal under the Residential Tenancies Act 1994 - appellant's claim was dismissed for lack of jurisdiction - appellant made an application to the Supreme Court for reasons for decision - application was refused - appellant appeals from that decision - whether the decision appealed from was wrong - whether Hardiman principle was breached - whether appellant should have been granted a review of the decision of the respondent.

Judiciary Act 1903, s 78B

Judicial Review Act 1991, s 4, s 49, s 50(b), s 56

Residential Tenancies Act 1994, s 23(1), s 250

Small Claims Tribunals Act 1973, s 22A

Carruthers v Connolly [1998] 1 Qd R 339

Cypressvale Pty Ltd v Retail Shop Leases Tribunal [1995] QCA 187; [1996] 2 Qd R 462

The Queen v Australian Broadcasting Tribunal; ex parte Hardiman [1980] HCA 13; (1980) 144 CLR 13

COUNSEL:

The appellant on his own behalf

SA McLeod for the respondent

SOLICITORS:

The appellant on his own behalf

Crown Solicitor for the respondent