Blair Harding as Trustee v Huckstep Enterprises Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Blair Harding as Trustee v Huckstep Enterprises Pty Ltd [2022] QCATA 73

PARTIES:

BLAIR HARDING AS TRUSTEE OF THE BLAIR HARDING FAMILY TRUST

(applicant\appellant)

v

HUCKSTEP ENTERPRISES PTY LTD

(respondent)

APPLICATION NO/S:

APL028-21

MATTER TYPE:

Appeals

DELIVERED ON:

5 June 2022

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Richard Oliver

ORDERS:

1.     Leave to appeal is refused

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – LEAVE TO APPEAL – CONTROL OVER PROCEEDINGS – PROCEDURAL FAIRNESS where the applicant failed to appear on the adjourned hearing  of the application – where applicant notified the tribunal registry (Magistrates Court) he could not attend the resumed hearing just prior to the commencement of the hearing – where tribunal adjudicator was not notified of the request for an adjournment and continued the adjourned hearing and proceeded to make a decision – where applicant contends he has a defence to the respondent’s claim – where applicant changed its  grounds for defence – where applicant sought to lead fresh evidence in the appeal – whether the applicant denied procedural fairness – whether new evidence was available at the primary hearing – whether any ground demonstrated to establish a denial of natural justice.

Queensland Civil and Administrative Tribunal Act ss 139(5) and 142(3)(a)(i)

Terera & Anor v Clifford [2017] QCA 181.

Bradlyn Nominees Pty Ltd v Saikowski [2012] QCATA 39.
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404

REPRESENTATION & APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The substantive claim the subject matter of this appeal is a claim for work done at the Blair Harding Trust’s (“the Trust”) accommodation and recreation centre, Wings Hinterland Retreat at Tallai (‘the retreat’). Mr Harding is the trustee of the Trust. Mr Huckstep is the director of Huckstep Enterprises Pty Ltd (“Huckstep”). In 2017 Mr Huckstep carried out grinding, filling, and recoating of concrete services around the grounds of the retreat. He sought to recover the cost of the work from the Trust but no payment was forthcoming. Huckstep then commenced the proceeding in the minor civil disputes jurisdiction to recover the sum of $11,374.

2. At the initial hearing on 31 January 2020, there was no appearance by anyone for the Trust and despite that, Huckstep’s claim was dismissed. After appealing the tribunal's decision of 31 January 2020, the appeal tribunal set aside the decision and remitted the back to the minor civil disputed jurisdiction for a rehearing.

3. The proceeding was ultimately set down for hearing on 2 November 2020. Both parties appeared, Mr Harding for the Trust and Mr Huckstep for Huckstep. The new hearing commenced at 2. 07 pm and concluded about 4:50pm. During the course of the hearing both parties ventilated their positions in reliance on documents and with oral evidence/submissions. Mr Harding’s position in his filed response…