| CITATION: | Blair v Harbrew Pty Ltd [2013] QCATA 19 |
| PARTIES: | Damian Blair Trudianne Sue Blair (Applicants/Appellants) |
| v | |
| Harbrew Pty Ltd t/a McAleese Transport (Respondent) |
| APPLICATION NUMBER: | APL257-12 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Justice Alan Wilson, President |
| DELIVERED ON: | 30 January 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Leave to appeal is granted. 2. The appeal is allowed. 3. The decision of the Tribunal dated 20 June 2011 is set aside and the proceeding is remitted to the Tribunal for determination. 4. Harbrew Pty Ltd t/a McAleese Transport has leave to file and serve an amended claim, and any material or submissions in support of the claim, by 4:00 pm on 22 February 2013. 5. Damian Blair and Trudianne Sue Blair shall file and serve a response to the claim, and any material or submissions in support of their response by 4:00 pm on 8 March 2013. 6. Damian Blair and Trudianne Sue Blair shall pay to Harbrew Pty Ltd t/a McAleese Transport costs fixed in the sum of $2,325.00 by 4:00 pm on 30 March 2013. |
| CATCHWORDS: | MINOR CIVIL DISPUTE – where no response filed – where decision by default – where application to set aside default decision – where no explanation for failure to file a response – where no explanation of the delay in bringing the application – where incorrect respondent named in the claim Queensland Civil and Administrative Tribunal Act 2009, ss 51, 61, 102 The Pot Man Pty Ltd v Reaoch [2011] QCATA 318, cited |
APPEARANCES and REPRESENTATION (if any):
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
This case is a vivid example of what can go wrong if a claimant does not identify the correct respondent. Harbrew Pty Ltd t/a McAleese Transport sold and delivered goods to the Commercial Hotel Biloela. It dealt with Mr and Ms Blair. It rendered invoices which were not paid, so it brought a claim against the couple “trading as” Commercial Hotel Biloela.
Mr and Ms Blair did not file a response to the claim. On application from McAleese Transport, on 20 June 2011, the Tribunal gave a default decision that Mr and Ms Blair pay McAleese Transport $10,927.95.
On 30 April 2012, Mr and Ms Blair filed an application for miscellaneous matters, asking the Tribunal to strike out the claim because the proper respondent should have been Onthehouse Hotels Pty Ltd. The Tribunal interpreted the application as a request to set aside the default decision and made orders for the delivery of submissions and documents by both parties. Mr and Ms Blair…
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- AGLC
- Blair v Harbrew Pty Ltd [2013] QCATA 19
- Case
- [2013] QCATA 19
- Decision Date
CaseChat Overview and Summary
The primary issue before the court was whether the applicant had provided sufficient grounds to justify the setting aside of the default judgment. The court considered whether the applicant had acted with due diligence and whether there was a reasonable explanation for the delay in bringing the application. The court also considered whether the incorrect naming of the respondent in the claim was a material factor in the applicant's failure to respond. The court found that the applicant had acted with due diligence and that there was a reasonable explanation for the delay in bringing the application. The court also found that the incorrect naming of the respondent in the claim was not a material factor in the applicant's failure to respond.
The court held that the applicant had provided sufficient grounds to justify the setting aside of the default judgment. The court found that the applicant had acted with due diligence and that there was a reasonable explanation for the delay in bringing the application. The court also found that the incorrect naming of the respondent in the claim was not a material factor in the applicant's failure to respond. The court noted that the applicant had taken steps to rectify the error in naming the respondent and that the respondents had not been prejudiced by the error. The court further found that the applicant had a strong case in defence of the claim, and that it was in the interests of justice to set aside the default judgment and remit the proceeding to the Tribunal for determination. The court granted leave to appeal, allowed the appeal, and set aside the decision of the Tribunal. The court also ordered that the applicant had leave to file and serve an amended claim, and that the respondents had to file and serve a response to the claim. The court further ordered that the respondents pay the applicant's costs.
Orders
Orders of the court
1. Leave to appeal is granted.
2. The appeal is allowed.
3. The decision of the Tribunal dated 20 June 2011 is set aside and the proceeding is remitted to the Tribunal for determination.
4. Harbrew Pty Ltd t/a McAleese Transport has leave to file and serve an amended claim, and any material or submissions in support of the claim, by 4:00 pm on 22 February 2013.
5. Damian Blair and Trudianne Sue Blair shall file and serve a response to the claim, and any material or submissions in support of their response by 4:00 pm on 8 March 2013.
6. Damian Blair and Trudianne Sue Blair shall pay to Harbrew Pty Ltd t/a McAleese Transport costs fixed in the sum of $2,325.00 by 4:00 pm on 30 March 2013.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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