Brar v Singh Bal (Civil Dispute)

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

BRAR v SINGH BAL (Civil Dispute) [2018] ACAT 66

XD 1168/2017

Catchwords:             CIVIL DISPUTE – debt recovery – informal, undocumented loan – credibility of witnesses – demeanour of witnesses

Legislation cited:      ACT Civil and Administrative Tribunal Act 2008 ss 6, 7

Cases cited:               Armagas Ltd v Mundogas (‘The Ocean Frost’) [1985] UKHL 11

Ballard v Multiplex [2012] NSWSC 426
Chen v State of New South Wales (No 2) [2016] NSWCA 292
In the matter of Hayvio Pty Ltd – Ottavio v Hayvio Pty Ltd [2011] NSWSC 1125
Maddock & Maddock & Anor (No.2) [2011] FMCAfam 1340
Morley & Ors v Australian Securities and Investments Commission [2010] NSWCA 331
Nguyen v Cosmopolitan Homes [2008] NSWCA 246
NOM v DPP [2012] VSCA 198
R v E (1997) 96 A Crim R 489
Sarbandi v Sharif [2017] ACAT 57
Seltsam Pty Ltd v McGuiness [2000] NSWCA 29
WAEJ v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 188

List of

Texts/Papers cited:   The Hon Justice Peter McClellan, ‘Who is telling the truth? Psychology, common sense and the law’ (Paper presented at Local Courts of New South Wales Annual Conference, 2-4 August 2006).

Tribunal:                  Senior Member H Robinson

Date of Orders:  21 June 2018

Date of Reasons for Decision:         21 June 2018

AUSTRALIAN CAPITAL TERRITORY        )

CIVIL & ADMINISTRATIVE TRIBUNAL     )          XD 1168/2017

BETWEEN:

RAJVEER BRAR

Applicant

AND:

SIMRANJIT SINGH BAL

Respondent

TRIBUNAL:  Senior Member H Robinson

DATE:21 June 2018

ORDER

The Tribunal orders that:

1.The application is dismissed.

………………………………..

Senior Member H Robinson

REASONS FOR DECISION

1.The applicant seeks to recover an amount of $3,500 that, she says, she loaned the respondent by way of an informal, undocumented loan. The respondent denies that the loan existed, or that he even received $3,500 from the applicant. The case is demonstrative of the problems that arise when trying to recover debts for which there is no proper record.

The case

2.The applicant’s case is that on or about 19 September 2014 she loaned the respondent the sum of $3,500 so that he could urgently pay his migration agent, Mr Ingle. The applicant made the loan by depositing the $3500 directly into Mr Ingle’s account. She says that some months later she sought to recover the money, but the respondent refused to repay it and thereafter severed contact with her. She now, several years later, seeks recovery through the tribunal.

3.The applicant’s evidence consisted of:

(a)her written statement;

(b)her oral evidence, given on oath, primarily in English but with the occasional assistance of an interpreter;

(c)the oral evidence of a friend, Mr Varinder Singh, also given on oath;

(d)an extract from a bank statement showing that the applicant had withdrawn $3,500 from her savings account on 19 September 2014;

(e)a statement from Mr Ingle confirming the transfer of $3,500 into his account on 19 September 2014; and

(f)a letter from Legal Aid to Mr Singh evidencing an attempt at recovery in November 2015.

4.In her oral evidence, the…