1. The Form 1 Claim filed on 22 May 2009 is dismissed for lack of jurisdiction because:
(a) It is not a claim for a debt or a liquidated demand of money; and
(b) The Respondent is and was not a trader as defined in Section 4(2) of the Small Claims Tribunals Act 1973 (Qld).
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – SMALL CLAIMS TRIBUNAL – small claim – where Applicant a consumer – where Respondent a Costs Assessor – where Applicant filed claim in the Small Claims Tribunal (SCT) in 2009 – where Applicant alleged Respondent overcharged for costs assessment and for giving reasons for disallowing objections to itemised bill of costs – where Applicant claimed amount of the alleged overcharge and relief from payment of outstanding balance
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where Applicant’s small claim not finally heard and decided in the SCT – where the SCT merged in the Queensland Civil and Administrative Tribunal (QCAT) by operation of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (the QCAT Act) – where proceedings continued in QCAT – whether provisions of the Small Claims Tribunals Act 1973 (Qld) (the SCT Act) continued to apply in deciding the dispute in QCAT
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – JURISDICTION – whether claim correctly characterised was one for a minor debt or a liquidated demand of money – whether Respondent a Trader as defined in the SCT Act and the QCAT Act – whether QCAT and former SCT had jurisdiction
Queensland Civil and Administrative Tribunal Act2009 (Qld), s 10, s 11, s 12, s 13, s 17, s 47, s 48, s 135, s 243, s 244, s247, s 251, s 253, s 254, s 256, s 269, s 270, s 271, s 275, Schedule 3
[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
AGLC
Amos v Walter [2020] QCAT 360
Case
[2020] QCAT 360
Decision Date
CaseChat Overview and Summary
Amos initiated proceedings against Walter in the Small Claims Tribunal of Queensland, seeking to recover $15,000 owed to him by Walter for services rendered. Amos alleged that Walter had promised to pay the sum in exchange for services provided, which Walter had not honoured. The court was tasked with determining whether it had jurisdiction to hear the matter under the Small Claims Tribunals Act 1973 (Qld).
The primary legal issue before the court was whether Amos's claim could be categorised as a debt or a liquidated demand of money, which would confer jurisdiction on the Small Claims Tribunal. Additionally, the court needed to ascertain whether Walter was a trader, as this was a requirement for the tribunal to have jurisdiction over the claim. The court examined the nature of Amos's claim and the definition of a trader under the Act.
The court found that Amos's claim was not for a debt or a liquidated demand of money, as it involved an action for unliquidated damages for breach of contract, rather than a straightforward claim for money owed. Furthermore, the court determined that Walter was not a trader within the meaning of the Act, as his business activities did not meet the statutory definition. Consequently, the court concluded that it lacked jurisdiction to hear the matter. The Form 1 Claim was dismissed, and no further orders were made.
Orders
Orders of the court
1. The Form 1 Claim filed on 22 May 2009 is dismissed for lack of jurisdiction because:
(a) It is not a claim for a debt or a liquidated demand of money; and
(b) The Respondent is and was not a trader as defined in Section 4(2) of the Small Claims Tribunals Act 1973 (Qld).