The applicant owned and operated a child care centre and entered into a contract to sell the child care centre to a third party. The Regulatory Authority issued the required consent to the transfer of the service approval for the child care centre under the Education and Care Services National Law (Queensland) on conditions. The third party subsequently withdrew from the purchase due to the conditions but the applicant did not accept that the third party was entitled to terminate the contract. The Authority also repealed its decision to issue the consent to the transfer of the service approval and the applicant sought a declaration that the imposition of the conditions on the consent to the transfer of the service approval was beyond power.
The primary judge considered it inappropriate to grant the relief that the applicant sought on the basis of lack of utility, the third party was not a party to the proceeding and the applicant was seeking an advisory opinion. The applicant’s proceeding was summarily dismissed under s 48(1)(a) Judicial Review Act 1991 (Qld) on the motion of the primary judge.
At issue was whether it was inappropriate for the proceeding to continue and whether the primary judge erred in summarily dismissing the proceeding.
Rob Anderson QC successfully applied for leave to appeal, for primary orders to be set aside and costs on behalf of Brisbane City Child Care, instructed by Thomson Geer.
The judgment is published here.