Bassi v Global Skills & Business Services Pty Ltd

[2017] QCAT 165

CITATION:

Bassi v Global Skills & Business Services Pty Ltd [2017] QCAT 165

PARTIES:

Veerpal Kaur Bassi
(Applicant)

v

Global Skills & Business Services Pty Ltd

(Respondent)

APPLICATION NUMBER:

MCDO1096-16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

24 May 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The respondent’s re-opening application is refused.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – application heard – application to re-open – asserted non-receipt of application or notice of hearing – adequacy of evidence in support of contentions

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. On 24 October 2016, the applicant filed a minor debt application. On 31 October 2016, the applicant filed an affidavit of service deposing to service of the application on the respondent company at Atlas Building, Suite 406, Level 4, 2-8 Brookhollow Avenue, Baulkham Hills NSW 2153.

2. Subsequently on 30 November 2016, the applicant filed a request for a default decision. The Tribunal considered the initiating application to constitute a consumer dispute and set the application down for hearing on 13 January 2017. Notice of hearing was sent to the respondent at Atlas Building, Suite 406, 2-8 Brookhollow Avenue, Baulkham Hills NSW 2153.

3. At hearing on 13 January 2017, the applicant appeared and the respondent did not. As it appeared the respondent was a company, the applicant was informed:

   1.    To conduct an ASIC search;

   2.    To serve the initiating application and a Form 1 pursuant to the Service and Execution of Process Act 1992 (Cth) (SEPA) at the company’s registered office by post;

   3.    To file an affidavit of service and a copy of the ASIC search at the QCAT Registry; and

   4.    That the initiating application would be re-listed for hearing.

4. On 18 January 2017, the applicant filed in the Tribunal:

   a)An ASIC search for Global Skills & Business Services Pty Ltd recording the registered office of the company as Suite 406, 2-8 Brookhollow Avenue, Baulkham Hills NSW 2153; and

   b)An affidavit of service deposing to service of the initiating application and Form 1 SEPA at Suite 406, 2-8 Brookhollow Avenue, Baulkham Hills NSW 2153.

5. On 15 February 2017, the Tribunal forwarded to the respondent a notice of hearing to Suite 406, 2-8 Brookhollow Avenue, Baulkham Hills NSW 2153 setting the initiating application down for hearing on 15 March 2017.

6. When the initiating application came on for hearing on 15 March 2017, the applicant appeared and the respondent did not. The Tribunal ordered the respondent to pay the applicant $25,000.00 within 28 days.

7. The respondent asserts it did not receive a notice of hearing. The Tribunal forwarded notices of hearing for 13 January 2017 and 15 March 2017 directly to the respondent’s registered office.

8. The respondent asserts it was not served with a copy of the initiating application. The applicant has deposed to forwarding the initiating application by post to the respondent’s registered office on two occasions: 31 October 2016 and 18 January 2017.

9. The Tribunal concludes on balance the respondent was in receipt of the initiating application and aware of the hearing date on which the initiating application was to be determined.