Belton v J & S Homes Pty Ltd

[2013] QCAT 356

CITATION: Belton v J & S Homes Pty Ltd [2013] QCAT 356

PARTIES:	Rohan John Belton (Applicant)
v
J & S Homes Pty Ltd (Respondent)

APPLICATION NUMBER: MCDO222/13

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: John Bertelsen, Adjudicator

DELIVERED ON: 15 July 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The application to set aside default decision is refused. 

CATCHWORDS:

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. J&S Homes Pty Ltd has filed an application to set aside a default decision.  The initiating application is not for the recovery of a debt or liquidated demand of money.  It is a consumer claim.

2. There was never any decision by default entered against the respondent.  The consumer claim was allocated a mediation date on 11 March 2013.  The applicant attended the respondent did not.  The application was referred to an Adjudicator who proceeded to hear the application in the absence of the respondent.  A Tribunal decision was made in the applicants favour.

3. The application to set aside or amend a default decision is not relevant here. 

4. If a party wishes to set aside a consumer dispute decision the party’s proper course is to file an application to reopen a proceeding pursuant to section 138 QCAT Act. Any such application would then be adjudicated on the basis as to whether there existed a reopening ground as defined in section 137 QCAT Act and whether such application was made within applicable time limits.

5. In any event the application to set aside or amend a default decision, even if the Tribunal were to construe same as an application to reopen, does not disclose a reopening ground pursuant to section 137 QCAT Act.

6. The application to set aside default decision is refused.