Leeds v Turner t/as design2BUILD [2021] QCATA 85

Date: 25 June 2021
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Senior Member Brown
Human Rights Act 2019 (Qld) Sections: s 31(1)
Rights Considered: Right to a fair hearing
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 28, 142, 146, 147.
Keywords: Fair hearing

This appeal case concerned an applicant who had disconnected during a telephone hearing and did not have the opportunity to cross examine or make final submissions. The Tribunal found that the applicant was denied procedural fairness. The Tribunal considered that the right to fair hearing is recognised in the Human Rights Act 2019 (Qld).

The case concerned a domestic building dispute where the applicant had claimed that the building work of the respondent was left incomplete, but the Member at first instance had found that there was insufficient evidence to allow their claim. The applicant had presented their evidence in a hearing conducted via telephone due to the COVID-19 pandemic, but their phone connection disconnected meaning they were unable to hear the evidence of the respondent and had no opportunity to cross-examine or make final submissions. The Tribunal found on appeal that the applicant had been denied procedural fairness: at [42] and the original decision was set aside and the matter was remitted to the Tribunal for reconsideration.

The Tribunal considered that the right to a fair hearing is recognised in the Human Rights Act 2019 (Qld): at [28]. There was no further substantive discussion.

Visit the judgment: Leeds v Turner t/as design2BUILD [2021] QCATA 85