Auscomp Computers Pty Ltd v Boss Advantage Group Pty Ltd

[2017] QCAT 106

CITATION:

Auscomp Computers Pty Ltd v Boss Advantage Group Pty Ltd [2017] QCAT 106

PARTIES:

Auscomp Computers Pty Ltd
(Applicant)

v

Boss Advantage Group Pty Ltd

(Respondent)

APPLICATION NUMBER:

MCDO1376-15

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

7 April 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The default decision entered 1 March 2017 is set aside.

2.   Boss Advantage Group Pty Ltd shall file in the Tribunal its response within 28 days of the date of this order.

3.   The application is to be promptly set down for hearing.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – service of initiating application – delay in prosecution of application – application lies dormant – respondent’s lack of knowledge of ongoing dispute

APPEARANCES:

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 applicant, Auscomp Computers Pty Ltd’s (Auscomp) initiating application was filed on 25 June 2015. According to the affidavit of service filed by Auscomp, service was effected on the respondent, Boss Advantage Group Pty Ltd (Boss), by posting a copy of the initiating application to its ASIC recorded registered office and principal place of business Unit 17, 445-451 Gympie Road, Strathpine on 25 June 2015.

2. On 17 February 2017, Auscomp filed a request for Default Decision – Minor Debt. On 1 March 2017, the Tribunal entered a default decision against Boss for $7,287.92. A copy of the default decision was dispatched to Boss immediately but was subsequently returned to the Tribunal marked ‘Return to sender’. On 20 March 2017, a copy of the default decision was then emailed to Boss.

3. Prior, on 15 March 2017, Boss filed an application to stay the default decision claiming no knowledge of the initiating application. An ASIC search conducted on 22 February 2017 indicated that as of 29 February 2016 the registered office of Boss was changed to Ground Floor, 74 Smith Street, Southport, with the principal place of business being the same at Unit 17, 445-451 Gympie Road, Strathpine.

4. On balance, the initiating application may not have been received by Boss in June 2015. There is a considerable hiatus in time, almost two years, from the time the initial application was filed and the application for a default decision being made. That accords with Boss’ assertion that there was never any information before it regarding the dispute, or that it was the subject of an ongoing QCAT application. Boss should be afforded an opportunity to respond.

5. Additionally, the Tribunal notes the application to stay the default decision (effectively an application to set aside the default decision) was made promptly on 15 March 2017. Whilst it is not absolutely clear, it appears to be the case that the respondent Boss may well have a defence on the merits.

6. Accordingly, the Tribunal makes the following orders:

   1.    The default decision entered 1 March 2017 is set aside.

   2.    Boss Advantage Group Pty Ltd shall file in the Tribunal its response within 28 days of the date of this order.

   3.    The application is to be promptly set down for hearing.