Clinnick v Baker

[2019] QCATA 78

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Clinnick v Baker [2019] QCATA 78

PARTIES:

BRYAN CHARLES CLINNICK

(appellant)

v

DAVID BAKER

(respondent)

APPLICATION NO/S:

APL347-18

ORIGINATING APPLICATION NO/S:

MCDO571-18 Southport

MATTER TYPE:

Appeals

DELIVERED ON:

5 June 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Application for leave to appeal refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the appellant hired a trailer from the respondent – where the appellant sought an adjournment of the hearing but in lieu was granted leave to appear at hearing by telephone – whether that amounted to a lack of procedural fairness – where tribunal proceedings required to be conducted in a way that is accessible, economical, informal and quick

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3(b), s 142(3)(a)(i)

Alexandria v Thiele [2018] QCATA 174

Kioa v West (1985) 159 CLR 550; [1985] HCA 81

Pickering v McArthur [2005] QCA 294

REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. Mr Clinnick hired a trailer from Mr Baker. He hired it on 23 December 2017 for one week. He kept it much longer than one week, however. He returned it on 17 February 2018, some 56 days later.

2. The hire charge was $50 per day. Prior to that he had rented another trailer from

   
   

   Mr Baker and still owed $600 on that prior rental.

3. Mr Baker charged him $2800 for 56 days hire of the second trailer and $600 for the earlier rental. Mr Clinnick did not pay. Mr Baker brought minor civil dispute – minor debt proceedings in the Tribunal seeking recovery of $3400 plus allowable costs.

4. The matter was heard on 21 November 2018 by Justices of the Peace who found for Mr Baker and ordered Mr Clinnick pay the full claim, a total figure of $3670.50.

5. Mr Clinnick seeks leave to appeal that decision. Given Mr Clinnick conceded he owed the prior rental amount of $600 and said at the hearing he would not contest that, presumably the appeal only relates to the order requiring him to pay $2800 for the 56 days’ hire.

6. Given this is an appeal from a decision made in the Tribunal’s minor civil dispute jurisdiction, leave to appeal must first be obtained before any appeal proceeds.[1]

   [1]QCAT Act, s 142(3)(a)(i).

7. Leave to appeal will usually only be granted where an appeal is necessary to correct a substantial injustice to Mr Clinnick and where there is a reasonable argument that there is an error to be corrected.[2] There may be other relevant considerations, but these are primary.

8. Mr Clinnick raises a number of issues in his application for leave to appeal:

   [2]Pickering v McArthur [2005] QCA 294, [3].

9. He says he was denied natural justice in…