Cochrane v Moran - [2013] QCAT 650

CITATION:

Cochrane v Moran [2013] QCAT 650

PARTIES:	Donald Cochrane (Applicant)
v
Ronie Moran (Respondent)

APPLICATION NUMBER:

MCDO274-13

MATTER TYPE:	Other minor civil dispute matters
HEARING DATE:	18 November 2013

HEARD AT:

Brisbane

DECISION OF:

Member Favell

DELIVERED ON:

20 November 2013

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Application dismissed.

CATCHWORDS:

Minor Civil Dispute – Where agreement for transport of goods – What were terms of agreement – Whether breach of agreement

APPEARANCES and REPRESENTATION (if any):

APPLICANT:

No appearance

RESPONDENT:

Ron Moran

REASONS FOR DECISION

The applicant Donald Cochrane on about 25 January 2013 transported a kitchen and a vanity from Rocklea in Brisbane to Quilpie.
The kitchen had been purchased by the respondent Ronie Moran from Gaba (sic) Demos for the sum of $980. A cheque butt has been produced which shows that information.
A cheque butt has also been produced which shows that on 31 December 2012 the applicant was paid $500 by cheque number 981. Written on the cheque butt are the words “Freight on Kitchen and Vanity.”
In the claim filed in QCAT on 4 February 2013, the applicant seeks $18,300 said to be an amount owing to him by the respondent.
In the details of what the applicant seeks from the Tribunal, were the following, “I gave the respondent a document pointing out that I would freight an assembled kitchen from Woolloongabba to Quilpie and store it until requested by the respondent for the cost a transport company would charge to freight it from Woolloongabba demolitions Rocklea to Charleville: $500 deposit to be paid in advance before departure from Rocklea which was paid in full before departing. Principal to paid be on arrival and stored at 81 Winchu Street, Quilpie, Queensland 4480, 25 January 2013.”
Attached to the application was a document headed ‘Invoice’ dated 25 January 2013. It purported to be an invoice of Barlo Freight Lines from “Rockleigh (sic) Transport Depot.” In the description part of the invoice appeared the following:
“Freight to assemble kitchen as per plan $16,500
Freight vanaty (sic) $1,800
From Woolloongabba Demolitions Rockleigh (sic) to Charleville.
Insurance
Assessed by P Randall Alliance Insurance
Premium no fault, replacement assessed value, include: one bench already damaged
All claims must be made by 30-1-13.”
There is no ABN on the invoice and the respondent says that Barlo Freight Lines is not a known business.
The respondent appeared by phone at the hearing, he having earlier been granted leave to do so.
The applicant did not appear. A notice of hearing was sent to the applicant to PO Box 323 Quilpie Qld 4480 on 25 October 2013. The Post Office Box is the same box to which previous correspondence has been sent to Mr Cochrane. It is also the same address on correspondence supplied by Mr Cochrane to the Tribunal. I am satisfied that he was given notice of the hearing. That seems to be corroborated by a letter handwritten by Mr Cochrane addressed to the Tribunal and received by the Tribunal on 11 November 2013. The handwritten letter has at the top “Urgent Hearing 18^th.” It also says, “I don’t wish to attend the hearing, or mediat (sic) as it just seems to be fruitless. I will accept the judge’s decision and any orders he makes on me.”
The respondent says that there was no agreement to pay for freight other than for a sum of $500. He says that Mr Cochrane suggested that he had seen a kitchen bench and vanity for the respondent. Initially the respondent told him he was not interested. He said that the applicant persisted and for four days he came over to the respondent’s shed every hour or two to pester him to buy it. He says that he finally gave in to Mr Cochrane and sent him a cheque for $980 by mail made out to Gabba Demos Rocklea. He says, “Don Cochrane offered to transport the kitchen for free but I insisted to pay and we agreed on $500 for him to freight it.” The respondent says he has never taken possession of the kitchen or vanity and saw them only once on the day they arrived. The next day after they arrived, the respondent was given a bill for $18,300. He says the applicant wanted the money right away. The respondent believes that the applicant badly damaged his vehicle on the trip back and he said that he believed that he was trying to make him pay for that, and not the agreed amount of $500.
This application was heard in the absence of the respondent on 20 September 2013. On that date, the tribunal ordered the respondent to pay the applicant the sum of $5,000 on or before 4pm on 20 October 2013.
That decision was set aside and on 23 October 2013, an application for re-opening was granted.
There seem to be some inconsistencies in the various contentions by the applicant. In a “Wilpac” do-it-yourself statutory declaration, declared on 1 November 2013, Mr Cochrane said, “the agreed price was $7,500, which he agreed to when he gave me the cheque for $500.”
In a second declaration sworn on 1 November 2013, Mr Cochrane said, “I gave Mr Moran a document stating that I would freight his kitchen from Rocklee (sic) (Brisbane suburb) to Quilpie for the cost a transport company would charge to transport it from Rocklee (sic) to Charville and I would store it undercover until he required it for his house and that $500 deposit be paid before I departed, which he did, and paid by cheque. Principal to be paid on arrival at Quilpie, the settled amount on the invoice was $7,500 which meant that he was liable for $7,000. I have not received this amount as yet.” Mr Cochrane gave Mr Moran an invoice under his own name dated 30 September 2013. It purported to bill Mr Moran $1,900, it being for filing fee, 9 months interest on $5,000 at the rate of 19.4%, the cost of travel to Brisbane, a service fee and three nights’ accommodation.
On 21 June 2013, Mr Moran filed a document headed “Steve Bonzi Transport Livestock and General Carriers.” It was dated 14 June 2013. It said, “please find following quotation for transportation from Steve Bonzi Transport of one L-shaped kitchen bench and one vanity basin from Rocklea Brisbane to Quilpie for Ron Moran, corner of Chipu and Kookaburra Streets, Quilpie:- $490.00 + GST.” That document was accompanied by a handwritten document and signed by Mr Moran which said, “Please find enclosed a quote for the transport of the kitchen bench from Rocklea to Quilpie. They said when they have a load of one tonne bags of cement, they load things like the kitchen bench on the top of the load no trouble.”
In correspondence with the Tribunal, Mr Cochrane said that, “I am schizophrenic and people seem to take advantage of me because off (sic) my condition.” I do not see any evidence to support any evidence to support any contention that Mr Moran is taking advantage of Mr Cochrane.
In order to counter the quote filed by Mr Moran, Mr Cochrane filed a quote from MNL Carriers dated 21 August 2013. It provides a quote of $8,000 to be paid before pickup from Woolloongabba Demolitions Rocklea to 2 Eyre St, Charleville, for Don Cochrane. The items listed were backing sheet, vanity and washbasin, pantry, cupboard, gas top, cupboard, sink, cupboard, corner cupboard, cupboard, 2 drawers, electric oven, 4 drawers, kickboards, kickboards, kickboards, kickboards, kickboards, platform bench top, and bench top of various dimensions.
Mr Cochrane also filed an estimate from Pack Send in the sum of $5,899 for the transport of some of those items, said to have a total value of $10,000, notably, that quote did not include backing sheet, vanity and washbasin, pantry, gas top, sink, corner cupboard, cupboard and 2 bench tops.
I am not satisfied that there was an agreement to transport the various items purchased by Mr Moran as alleged by Mr Cochrane. I am concerned by the inconsistency in his various versions and how the initial claim of $18,300 was worked out. On the other hand, the version given by Mr Moran has been consistent throughout and it seems much more plausible.
I accept as contended for by Mr Moran that the agreement was to transport the items purchased from Woolloongabba demolitions for the payment of $500 by Mr Moran to Mr Cochrane.
The applicant has failed to make out his case and the application is dismissed.