Andrews v Camnet Finance Pty Ltd
[2013] QCAT 671
•21 August 2013
| CITATION: | Andrews v Camnet Finance Pty Ltd [2013] QCAT 671 |
| PARTIES: | Scott Andrews (Applicant) |
| v | |
| Camnet Finance Pty Ltd (Respondent) |
| APPLICATION NUMBER: | MCDO1306-13 |
| MATTER TYPE: | Other minor civil dispute matter |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Bertelsen |
| DELIVERED ON: | 21 August 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application to dismiss this proceeding is refused. 2. Both applicant and respondent are granted leave to be legally represented at mediation. |
| CATCHWORDS: | Application – allegation of identical facts – abuse of process – identification and clarity of facts at mediation to determine continuity |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
The respondent asserts that a local Court Downing Centre claim was made by the respondent as plaintiff and the applicant as defendant; that judgement was obtained on 31 October 2012 and that a bankruptcy notice was issued on 7 December 2012.
It appears the local Court action involved the same items and the same facts and circumstances. The respondent asserts that this application is an abuse of process. Material produced by the respondent and furnished to the applicant would suggest that this may be the case. An unsuccessful attempt has been made to obtain a reply from the applicant.
The respondent’s application for legal representation has been furnished to the applicant. There has been no reply.
An allegation of abuse of process is a serious matter. The respondent should be allowed legal representation at mediation as should the applicant. Mediation should proceed to allow the parties to place all facts before each other before proceeding further. Mediation will serve the useful purpose of resolving the application at that point or clarifying what issues remain unresolved that may necessitate a hearing in due course.
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