Aldred v King I.T. Hervey Bay

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Aldred v King I.T. Hervey Bay [2023] QCATA 42

PARTIES:

LINDA KATHLEEN ALDRED

(appellant)

v

KING I.T. HERVEY BAY ABN 12 627 177 182

(respondent)

APPLICATION NO/S:

APL080-22

MATTER TYPE:

Appeals

DELIVERED ON:

13 April 2023

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Richard Oliver

ORDERS:

1.   That the leave to appeal be a granted.

2.   The appeal allowed.

3.   The order of the Tribunal of 18 March 2022 be set aside.

4.   The King IT pay to the Linda Kathleen Aldred the sum of 1,600.00 by 30 May 2023.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – MINOR CIVIL DISPUTE – COMPROMISE AGREEMENT AT MEDIATION – ENFORCEMENT OF MEDIATION AGREEMENT – where parties agreed to compromise dispute at mediation – where respondent failed to comply with agreed settlement – where appellant sought to enforce compromise – whether appellant complied with her obligations under the compromise agreement – where decision related to original dispute and not  the compromise agreement – where error of law.

Queensland Civil and Administrative Tribunal Act 2009 ss 28(3)(c) and 142(3)(a)(i).

Masters v Cameron (1954) 91 CLR 353

Terera & Anor v Clifford [2017] QCA 181

APPEARANCES & REPRESENTATION: 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

1. This appeal arises out of a dispute concerning the enforcement of a compromise agreement, described as a Payment Agreement, reached between the parties during a mediation in minor civil dispute proceeding. In that proceeding the appellant claimed that she purchased an Apple MacBook Air 13 inch 2015 refurbished computer from the respondent for $1,299 in December 2020. There were additional “add on” items set out in the invoice for set up, data transfer and installation of Microsoft Office, etc. the full details of the purchase are set out in Invoice number 52749. The total cost was $1,871.

2. By the “receipt terms” in the invoice, the respondent warranted that:

   King IT offers your choice of a refund, replacement or repair in the event of a major fault.

3. After about 6 months, problems arose with the computer and the appellant sought to return the computer and get a refund but that did not eventuate. She then commenced the minor civil dispute proceeding claiming the cost of the purchase of the computer.

4. In the usual way the Tribunal listed the matter for a mediation of the dispute between the parties. Because they both lived north of Brisbane in the Harvey Bay region the mediation was conducted remotely by telephone.

5. Fortunately, an agreement was reached in the mediation. It is recorded in a document entitled “Payment Agreement”. The essential terms of the agreement are that the respondent will pay to the appellant the sum of $1,600 by 20 October 2021. Further the appellant:

   Agrees to return the computer to the Respondent by 15 October 2021. Applicant agrees to…