Callaghan v Reid Consulting Engineers Pty Ltd - [2012] QCATA 59

CITATION:

Callaghan v Reid Consulting Engineers Pty Ltd [2012] QCATA 59

PARTIES:	Suzanne Leigh Callaghan (Applicant)
v
Reid Consulting Engineers Pty Ltd (Respondent)

APPLICATION NUMBER: APL371-11

MATTER TYPE:

Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF:

Mr Charles Brabazon QC, Member

DELIVERED ON: 28 February 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1. Refuse leave to appeal.

CATCHWORDS:

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with s32 of the Queensland Civil and Administrative Tribunal Act2009.

REASONS FOR DECISION

On 2 September 2011, at the Toowoomba Magistrates Court, a QCAT Magistrate made an order against Ms Susan Callaghan. She did not appear. The Tribunal ordered her to pay Reid Consulting Engineers Pty Ltd the amount of $339.42, including interest and costs.

QCAT refused to stay that decision, on 28 October 2011.

This appeal is “on the papers”. I have read all the documents on the file including various submissions by Ms Callaghan. I have listened to the audio recording of the Toowoomba proceedings. She did not appear. Mr Reid, an engineer, appeared and gave evidence.

In my opinion, leave to appeal should be refused. The appeal has no prospects of success. That is for the following reasons.

Living in social housing, she became concerned about her house’s condition. An engineer came to inspect the house. She telephoned Mr Reid’s office and explained that she wanted an independent inspection done. That was on 1 March 2011.

Mr Reid attended her house on 8 March, but she was out.

On 10 March, a further appointment was made, for 15 March. She apologised for not being there on 8 March. Mr Reid attended, but was told by her that his services were not required.

There is no reason to reject Mr Reid’s evidence, and the reasonableness of the fees charged. It appears that Ms Callaghan changed her mind, about the need for an independent report, which would have to be paid for.

She did send some medical reports or records to the Magistrates Court when asking in writing for an adjournment. The Magistrate referred to them, at the start of the proceeding. He decided to proceed, saying that the nature of her illness was not clear, its severity was uncertain, her ability to participate in proceedings was uncertain, and that it was not clear when she might be available – all in the context of a claim for a small amount of money.

Mr Reid did say that Ms Callaghan was in tears, when first speaking to his office. That observation together with my own reading of her written statements, and the medical reports, leads to the conclusion that she was probably not in good mental health at the time. It is not possible to understand all the implications of the report, which do show that she faces surgery for a neurological condition. On the other hand, her written statements show that she is capable of defending her own interests, in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2012] QCATA 59
Decision Date: 28 February 2012

CaseChat Overview and Summary

Suzanne Leigh Callaghan sought leave to appeal a decision made by a Queensland Civil and Administrative Tribunal (QCAT) magistrate. The matter concerned an order for Ms Callaghan to pay Reid Consulting Engineers Pty Ltd the sum of $339.42, including interest and costs. The original decision was made after Ms Callaghan failed to appear at the Toowoomba Magistrates Court. The Tribunal had previously refused an application to stay the decision. The central issue in this appeal was whether leave should be granted to appeal the QCAT decision.

The court examined the evidence presented, including an audio recording of the proceedings at the Magistrates Court, and submissions by Ms Callaghan. The court considered the circumstances leading up to the original decision, including Ms Callaghan's interactions with Reid Consulting Engineers and her decision not to proceed with an inspection of her house. The court found no reason to reject the evidence provided by Mr Reid, an engineer, regarding the reasonableness of the fees charged. The court also concluded that the QCAT magistrate's decision to proceed with the case in Ms Callaghan's absence was reasonable, given the nature of her illness and the amount of money in dispute. The court found that the appeal had no prospects of success.

Accordingly, the court refused leave to appeal the QCAT decision. The court emphasised that individuals who submit medical reports to the court and fail to appear or be represented cannot expect to receive an adjournment. The court's decision was based on a thorough review of the evidence and submissions, and the conclusion that the original decision was reasonable in all the circumstances.

No further orders were made.

Orders