Australian Child Care Career Options Pty Ltd v In Work Pty

[2012] QCAT 21

CITATION:		Australian Child Care Career Options Pty Ltd v In Work Pty and Anor [2012] QCAT 21
PARTIES:	Australian Child Care Career Options (ACCCO) Pty Ltd ACN 251421107444
v
In Work Pty Ltd Mr Ralph Hunter

APPLICATION NUMBER:   MCDO1900-11

MATTER TYPE: Other minor civil disputes matters

HEARING DATE:     15 December 2011

HEARD AT:  On the papers

DECISION OF: Mr J Allen, Member

DELIVERED ON: 30 January 2012

DELIVERED AT:      Brisbane

ORDERS MADE: The Respondent pay to the Applicant the sum of $19,600.00 in full settlement of the claim and costs within 14 days.

CATCHWORDS:

Settlement agreement – non-compliance by party – making of order to give effect to settlement

Queensland Civil and Administrative Tribunal Act 2009, s 85

APPEARANCES and REPRESENTATION (if any):

The application was heard on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. ACCCO provided training services to In Work Pty Ltd in 2010 and invoiced them for that.  Payment was not made and ACCCO made application to the tribunal seeking an order for payment of the amount of $20,000.

2. The application went to mediation on 10 November 2011 and the matter was resolved by agreement between the parties. It was a term of that agreement that the agreement would be filed in the Tribunal and that if one party did not comply with a term of the agreement the other party may make application to the Tribunal seeking that an order be made to give effect to the settlement, under section 85(5) of the QCAT Act.

3. That section gives the Tribunal power to make orders necessary to give effect to the settlement where written terms of settlement are filed in the registry.

4. The settlement agreement required that the respondent pay an amount of $19,600 in full satisfaction of the application, interests and costs on or before December 7 2011.  The applicant agreed in order to be paid that they were to provide the following by email and post:

a)Student attendance record;

b)Study plan and training progress record.

1. In Work Pty Ltd was to acknowledge receipt of the documents by return email.  ACCCO emailed the requested documents to the email address set out in the agreement (Mr Hunter’s address) on 10 November 2011.  An email acknowledging receipt of the material from Mr Ralph Hunter on 10 November 2011.

2. ACCCO sent Mr Hunter an email on 5 December 2011 requesting that when payment was made that a confirmation be forwarded so that it could be brought to the attention of their book keeper.  A read reply email was received from Mr Hunter on that day.

3. A further email was sent to Mr Hunter on 8 December 2011 referring to the agreement and asking whether the money had been deposited and requesting a transaction number or receipt.  A read reply email was received from Mr Hunter on that day.

4. A further email was sent by ACCCO to Mr Hunter on 9 December 2011 advising that the account had been checked and no payment was made and therefore we will be notifying QCAT to proceed with debt collection.  ACCCO again asked for the receipt advice if payment had been made.  A read reply email was received from Mr Hunter on that day.

5. The Tribunal is satisfied that the Respondents have not complied with the agreement and makes an order requiring the respondent pay the amount of $19,600 to ACCCO within 14 days to give effect to the settlement agreement.