Ayoubi v Butcher

In the matter of Ayoubi v Butcher, the respondent, Ms Butcher, sought damages for the purchase of a motor vehicle from the appellant, Mr Ayoubi. The Queensland Civil and Administrative Tribunal (QCAT) dismissed an application to set aside a default decision, which had been entered in favour of Ms Butcher. Ms Butcher appealed the QCAT's decision to the Appeal Tribunal. The appeal tribunal found in favour of Mr Ayoubi, allowing the appeal and setting aside the default decision.

The appeal tribunal was required to determine whether the QCAT had failed to take into account a relevant consideration in not setting aside the default decision. The tribunal found that Ms Butcher had filed the incorrect application to commence her claim and that this led the QCAT into error. The tribunal found that the QCAT had failed to take into account the relevant consideration that a decision by default for unliquidated damages is limited to claims that require the filing of a response. The tribunal also found that a party to a proceeding cannot respond to a minor civil dispute other than a minor debt claim.

The appeal tribunal found that the default decision was not regularly entered, and therefore, the QCAT had failed to take into account a relevant consideration. The tribunal found that the default decision should be set aside, and the application to set aside the default decision should be allowed. The tribunal granted leave to appeal, allowed the appeal, set aside the order refusing the application to set aside the default decision, allowed the application to set aside the default decision, and set aside the default decision.

The tribunal ordered that leave to appeal be granted, the appeal be allowed, the order refusing the application filed on 31 July 2017 to set aside the default decision entered on 11 April 2017 be set aside, the application filed on 31 July 2017 to set aside the default judgement entered on 11 April 2017 be allowed, and the default decision entered on 11 April 2017 be set aside.