Angelopoulos v Cavey

CITATION:

Angelopoulos v Cavey [2016] QCATA 198

PARTIES:

Anastasios Angelopoulos
Angelos Angelopoulos
(Applicant)

v

Gail Cavey

(Respondent)

APPLICATION NUMBER:

APL356-16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

6 December 2016

HEARD AT:

Brisbane

DECISION OF:

Acting Senior Member Paratz

DELIVERED ON:

6 December 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The application for a stay filed on 28 October 2016 is dismissed.

CATCHWORDS:

MINOR CIVIL DISPUTE – STAY – where a $385.00 judgment was entered in a rental bond dispute after a contested hearing – where the tenants allege they have suffered material disadvantage because of the judgment order – where no evidence was provided as to the alleged disadvantage suffered by the tenants – where sufficient circumstances were not found to displace the usual rule as to not interfering with a judgment

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. The Tribunal sitting at Proserpine made an Order on 30 September 2016 in a Minor Civil Dispute proceeding between Gail Cavey & Mamap Pty Ltd, Nationwide Whitsunday Pty Ltd (the Applicant) and Anastasios Tom Angelopoulos and Angelos Angelopoulos (the Respondent) as follows:

   The Application is granted, the respondent to pay $385.00.

   The Application for Miscellaneous Matters is dismissed

   The response and/or Counter Application is dismissed.

   I order the RTA to release $385.00 bond held to the Applicant

2. Anastasios and Angelos Angelopoulos filed an “Application to stay a decision” in the Tribunal on 1 November 2016.

3. The Tribunal made an interim order on 15 November 2016 staying the decision pending further order of the Tribunal.  Directions were given for the filing of material in support of the application by Anastasios and Angelos Angelopoulos by 18 November 2016, and submissions in response  by Gail Cavey by 23 November 2016; and that the application would be determined on the papers not before 23 November 2016.

4. Anastasios and Angelos Angelopoulos sent an email to the Registry on 22 November 2016 advising that they would not be providing any further information in relation to the ‘Application to Stay a Decision’.

5. No submissions in response as to the stay application were filed by Gail Cavey.

6. I made a decision ‘On the Papers’ on 6 December 2016 dismissing the Stay Application.

7. On 9 December 2016 Anastasios and Angelos Angelopoulos sent an email to the Registry requesting the reasons that the stay application was dismissed.

8. Section 122 of the Queensland Civil and Administrative Tribunal Act 2009 provides that a party to a proceeding may request written reasons for a decision in the proceeding. These are the reasons as to the Stay Application.

9. The Tribunal has power to make an order staying the operation of a decision being appealed against, until that appeal is finally decided: Queensland Civil and Administrative Tribunal Act [Qld] 2009, s 145(2).  The normal rule is that a litigant is entitled to the ‘fruits’ of the litigation, a phrase which typically includes…