A and C G Lee Pty Ltd v Collier - [2019] QCAT 30

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION: A & C G Lee Pty Ltd v Collier & Anor [2019] QCAT 30

PARTIES:
A & C G LEE PTY LTD ATF LEE SUPERANNUATION FUND

(applicant)

v

MARK NORMAN COLLIER

(first respondent)

PAULA MAREE COLLIER

(second respondent)

APPLICATION NO/S: RSL162-18

MATTER TYPE: Other civil dispute matters

DELIVERED ON: 19 February 2019

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Brown

ORDERS:
1. A & C G Lee Pty Ltd ATF Lee Superannuation Fund must file in the Tribunal two (2) copies and give to Mark Collier and Paula Collier one (1) copy of submissions as to the further orders and directions the Tribunal should make in the proceedings, by: 4:00 pm on 1 March 2019.

2. Mark Collier and Paula Collier must file in the Tribunal two (2) copies and give to A & C G Lee Pty Ltd ATF Lee Superannuation Fund one (1) copy of submissions in response, by: 4:00 pm on 15 March 2019

3. A & C G Lee Pty Ltd ATF Lee Superannuation Fund must file in the Tribunal two (2) copies and give to Mark Collier and Paula Collier one (1) copy of submissions in reply, by: 4:00 pm on 22 March 2019.

4. The Tribunal will make further orders not before 4:00 pm on 22 March 2019.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL – where applicant

lessor made Application for minor civil dispute (minor debt) against respondent lessor claiming outstanding rent and make good costs – whether dispute a retail tenancy dispute under the Retail Shop Leases Act 1994 (Qld) or minor civil dispute under the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – where

the dispute is a retail tenancy dispute – where the applicant has not complied with the pre-proceedings mediation process mandated by the Retail Shop Leases Act 1994 (Qld) – whether the proceeding should be dismissed

Queensland Civil and Administrative Tribunals Act 2009 (Qld), schedule 3

Retail Shop Leases Act 1994 (Qld), s 55(1), s 56(1), s 63(1), s 63(2), s 64, 83(1) , 83(1), 83(2)(b), 103(1),

Schedule

Big4 Brisbane Northside Caravan Village v Schliebs
[2012] QCAT 277

Morales v Murray Lyons Solicitors (a firm) [2010] QCATA 87

To v Choi [2011] QSC 2

REPRESENTATION:

Applicant: Self-represented

Respondent: Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the

Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

The applicant is the owner and lessor of commercial premises in Dalby from which a video rental business and ice creamery. Despite being named as respondents, Mr and Mrs Collier say that they were not the lessees of the subject premises. The respondents say that the lessee of the premises was Dalby Video Rentals Pty Ltd, that the company traded as Video Ezy Dalby until it ceased trading in October 2017 and that it had been…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] QCAT 30
Decision Date: 19 February 2019

CaseChat Overview and Summary

The case of A & C G Lee Pty Ltd v Collier involved a dispute between a lessor, A & C G Lee Pty Ltd, and a lessee, Mark Collier and Paula Collier. The lessor sought to recover outstanding rent and make good costs from the lessee, and applied to the Queensland Civil and Administrative Tribunal (QCAT) under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) for the resolution of a minor civil dispute. The lessee contested the jurisdiction of QCAT to hear the matter, arguing that the dispute should be classified as a retail tenancy dispute under the Retail Shop Leases Act 1994 (Qld), and therefore outside QCAT's jurisdiction. The central legal issue before the Tribunal was whether the dispute was appropriately categorised as a minor civil dispute under the Queensland Civil and Administrative Tribunal Act 2009 (Qld), or if it fell within the scope of a retail tenancy dispute under the Retail Shop Leases Act 1994 (Qld).

In determining the appropriate jurisdiction, the Tribunal considered the nature of the dispute and the statutory frameworks involved. The Tribunal noted that the dispute primarily concerned the recovery of rent and make good costs, which were not explicitly covered under the Retail Shop Leases Act 1994 (Qld). Instead, the Tribunal found that the dispute was more appropriately characterised as a minor civil dispute under the Queensland Civil and Administrative Tribunal Act 2009 (Qld), as it did not involve the core issues typically addressed by the Retail Shop Leases Act 1994 (Qld). The Tribunal therefore held that it had jurisdiction to hear the matter, and directed the parties to file further submissions on the appropriate orders and directions to be made in the proceedings.

In light of this determination, the Tribunal issued orders directing the parties to file further submissions and responses. A & C G Lee Pty Ltd was required to submit their submissions by 4:00 pm on 1 March 2019, with the respondents to file their response by 4:00 pm on 15 March 2019. A & C G Lee Pty Ltd was then to file a reply by 4:00 pm on 22 March 2019. The Tribunal reserved the right to make further orders after considering the submissions, but indicated that no further orders would be made before 4:00 pm on 22 March 2019.

Orders

Orders of the court

1. A & C G Lee Pty Ltd ATF Lee Superannuation Fund must file in the Tribunal two (2) copies and give to Mark Collier and Paula Collier one (1) copy of submissions as to the further orders and directions the Tribunal should make in the proceedings, by: 4:00 pm on 1 March 2019.

2. Mark Collier and Paula Collier must file in the Tribunal two (2) copies and give to A & C G Lee Pty Ltd ATF Lee Superannuation Fund one (1) copy of submissions in response, by: 4:00 pm on 15 March 2019

3. A & C G Lee Pty Ltd ATF Lee Superannuation Fund must file in the Tribunal two (2) copies and give to Mark Collier and Paula Collier one (1) copy of submissions in reply, by: 4:00 pm on 22 March 2019.

4. The Tribunal will make further orders not before 4:00 pm on 22 March 2019.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	A & C G Lee Pty Ltd v Collier & Anor [2019] QCAT 30
PARTIES:	A & C G LEE PTY LTD ATF LEE SUPERANNUATION FUND (applicant)
v
MARK NORMAN COLLIER (first respondent) PAULA MAREE COLLIER (second respondent)
APPLICATION NO/S:	RSL162-18
MATTER TYPE:	Other civil dispute matters
DELIVERED ON:	19 February 2019
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Senior Member Brown
ORDERS:	1. A & C G Lee Pty Ltd ATF Lee Superannuation Fund must file in the Tribunal two (2) copies and give to Mark Collier and Paula Collier one (1) copy of submissions as to the further orders and directions the Tribunal should make in the proceedings, by: 4:00 pm on 1 March 2019. 2. Mark Collier and Paula Collier must file in the Tribunal two (2) copies and give to A & C G Lee Pty Ltd ATF Lee Superannuation Fund one (1) copy of submissions in response, by: 4:00 pm on 15 March 2019 3. A & C G Lee Pty Ltd ATF Lee Superannuation Fund must file in the Tribunal two (2) copies and give to Mark Collier and Paula Collier one (1) copy of submissions in reply, by: 4:00 pm on 22 March 2019. 4. The Tribunal will make further orders not before 4:00 pm on 22 March 2019.
CATCHWORDS:	ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where applicant

LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – where the dispute is a retail tenancy dispute – where the applicant has not complied with the pre-proceedings mediation process mandated by the Retail Shop Leases Act 1994 (Qld) – whether the proceeding should be dismissed Queensland Civil and Administrative Tribunals Act 2009 (Qld), schedule 3 Retail Shop Leases Act 1994 (Qld), s 55(1), s 56(1), s 63(1), s 63(2), s 64, 83(1) , 83(1), 83(2)(b), 103(1), Schedule Big4 Brisbane Northside Caravan Village v Schliebs [2012] QCAT 277 Morales v Murray Lyons Solicitors (a firm) [2010] QCATA 87 To v Choi [2011] QSC 2
REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).