Brian Choi (also known as Hyung Seok Choi) v Kwangsu Choi as Trustee for the Choi Family Trust

The case of Brian Choi (also known as Hyung Seok Choi) versus Kwangsu Choi as Trustee for the Choi Family Trust involves a dispute in which the defendant, Kwangsu Choi, applied for a decision to be made in the absence of the plaintiff, Brian Choi, who did not attend a compulsory conference. This application was made under section 72 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). Brian Choi appealed the decision, arguing that the decision was irregularly entered and that he had not been properly served with the originating application. The court was required to determine whether the decision was indeed irregular and whether Brian Choi had been properly served with the originating application and had a defence on the merits.

The court examined the evidence and found that while there was no formal affidavit of service filed by Kwangsu Choi, Kwangsu Choi did depose to having served the amended Application and Affidavit on Brian Choi. However, the court was not satisfied that Brian Choi had been properly served as the email was sent to the wrong email address. Furthermore, the affidavit of Isaac Choi did not provide satisfactory evidence of service. The court concluded that the decision was irregular and that Brian Choi had a defence on the merits. Therefore, the appeal was allowed, and the matter was returned to a differently constituted tribunal for reconsideration.

The court's reasoning was based on the principle that a decision irregularly entered should not be permitted to stay on the record. The court also noted that the onus was on Kwangsu Choi to establish that the service was effective. As Kwangsu Choi failed to provide satisfactory evidence of service, the court found that the decision was irregular. Additionally, the court found that Brian Choi had a defence on the merits as he had not been properly served with the originating application. Therefore, the appeal was allowed, and the matter was returned to a differently constituted tribunal for reconsideration.

In conclusion, the court allowed the appeal and set aside the decision of the tribunal. The matter was returned to a differently constituted tribunal for reconsideration as between Brian Choi and Kwangsu Choi as trustee for the Choi Family Trust. The court also made orders regarding the filing and serving of any application for costs and written submissions in support. The court's decision was based on the principle that a decision irregularly entered should not be permitted to stay on the record and that the onus was on Kwangsu Choi to establish that the service was effective.