Bryce v Brown

CITATION: Bryce v Brown and Anor [2012] QCATA 210

PARTIES:	Henry John Bryce (Appellant)
v
James Henry Brown and Patricia Ann Brown t/as Clermont Pilots (Respondents)

APPLICATION NUMBER: APL169-12

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice Alan Wilson, President

DELIVERED ON: 24 October 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.  The application for leave to appeal is refused.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – PROCEDURE AND EVIDENCE – PROCEDURAL FAIRNESS – DISCRETION – where leave for legal representation granted at hearing – whether appellant disadvantaged – whether Magistrate explained procedure – where application to set aside decision by default – whether Magistrate properly exercised discretion

Queensland Civil and Administrative Tribunal Act2009, s 51

Morales v Murray Lyons Solicitors [2010] QCAT 87

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (‘QCAT Act’).

REASONS FOR DECISION

1. Mr Bryce worked as a pilot for Clermont Pilots.  He filed a claim for payment for that work in QCAT’s Minor Civil Disputes jurisdiction.  Mr Brown filed a response; Mrs Brown did not.  Mr Bryce obtained a decision by default against Mrs Brown.

2. Mr and Mrs Brown filed an application to set aside the decision against Mrs Brown.  They also applied to strike out the claim against Mr Brown.  A Magistrate, sitting as a member of the Tribunal, set aside the default decision against Mrs Brown and struck out the action against Mr Brown.  In the course of that hearing, the learned Magistrate gave leave for Mr and Mrs Brown to be legally represented.

3. On 16 May 2012 the learned Magistrate revoked his order that the application against Mr Brown be struck out.  That means that this application still exists, and Mr Bryce can pursue his action against Mr Brown.

4. Mr Bryce has filed an application for leave to appeal the learned Magistrates' decisions to give leave for legal representation and to set aside the default decision against Mrs Brown.

1. Because this is an appeal from a decision of the Tribunal in its minor civil disputes jurisdiction, leave is necessary.  Leave to appeal will ordinarily only be granted where there is some question of general importance upon which further argument, and a decision of the Appeal Tribunal, would be to the public advantage; or, there is a reasonably arguable case of error in the primary decision and a reasonable prospect that the applicant would obtain further substantive relief.  Another question sometimes asked is: is leave necessary to correct a substantial injustice to the applicant, caused by some error?

1. Mr Bryce says that the learned Magistrate did not give him the opportunity to call witnesses or to read his prepared speech.  He acknowledges that the Magistrate told him that the purpose of the hearing was to hear argument about the application to dismiss the default judgment, but he says he was…