CITATION: | Copley v Storm Water Consulting Pty Ltd [2017] QCATA 141 |
PARTIES: | Gregory Copley |
| v | |
| Storm Water Consulting Pty Ltd (Respondent) | |
APPLICATION NUMBER: | APL253-17 |
MATTER TYPE: | Appeals |
HEARING DATE: | 4 December 2017 |
HEARD AT: | Brisbane |
DECISION OF: | Member I. Hanger AM QC |
DELIVERED ON: | 4 December 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Application dismissed. |
CATCHWORDS: | Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 142(3)(a)(i) Breezeway Developments Pty Ltd v ADG Hydraulics Pty Ltd [2010] QCATA 69 |
APPEARANCES: | |
APPLICANT: | Gregory Copley |
RESPONDENT: | Mr Rogers |
REASONS FOR DECISION
The originating application is a proceeding against the respondent for fees outstanding for work done. It is a minor civil dispute.
This is an application for leave to appeal against a decision of a delegate of 5 July 2017 in which the delegate declined to order Storm Water Consulting Pty Ltd (Storm) to disclose certain documents.
Section 142(3)(a)(i) of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) provides, inter alia, that an appeal against a decision in a proceeding for a minor civil dispute may be made only if the party has obtained the appeal tribunal’s leave to appeal.
Mr Copley therefore needs leave to appeal. Rule 81 of QCAT Rules 2009 provides:
(1) A party to a proceeding for a minor debt claim can not require another party to the proceeding to disclose documents in the possession or under the control of the other party and directly relevant to an allegation in issue in the proceeding, unless the tribunal orders otherwise.
(2) However, all parties to the proceeding must make all relevant documents available at the hearing of the proceeding.
Rule 81 involves the exercise of a discretion by the delegate on a matter of practice and procedure. The Queensland Court of Appeal in Green & Ors v Pearson [2014] QCA 110 referred, with approval, to Liao v New South Wales [2014] NSWCA 71 in which it was said:
The discretionary nature of the decisions means that appellant intervention is warranted only on grounds identified in House v R [1936] 55 CLR 499 at 504-5 including that the decision is affected by extraneous or irrelevant matters or the judge mistakes the facts, acts on a wrong principle or does not take into account a material consideration or the decision is unreasonable or plainly unjust. The fact that matters of practice and procedure only are involved means that the appellate court should exercise the ‘added restraint’ that those circumstance attract ... and be ‘extremely reluctant to interfere’.
The clear intention of the QCAT Legislation was to minimise costs formality and the undue delay involved in civil litigation. Hence Rule 81 was clearly designed to minimise the cost of disclosure in small claims. It is legitimate to take that into account (Green & Ors v Pearson [2014] QCA 110).
Hence, Mr Copley requires leave to appeal.…
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- Case
- [2017] QCATA 141
- Decision Date
CaseChat Overview and Summary
The primary legal issue before QCAT was whether the contract between Copley and Storm Water Consulting Pty Ltd required the latter to provide a written report. QCAT noted that the contract did not explicitly require a written report, and Storm Water Consulting Pty Ltd had provided a verbal explanation of its work. QCAT held that there was no express requirement in the contract for Storm Water Consulting Pty Ltd to provide a written report and, in the absence of such a requirement, the application was dismissed. The decision was based on the principle that a party cannot be compelled to provide information or a report unless it is expressly required by the contract.
QCAT dismissed Copley's application and determined that Storm Water Consulting Pty Ltd was not required to provide a written report. The tribunal relied on the case of Breezeway Developments Pty Ltd v ADG Hydraulics Pty Ltd and Green & Ors v Pearson, which held that a party cannot be compelled to provide information or a report unless it is expressly required by the contract. In this case, QCAT found that the contract did not expressly require a written report, and therefore, Copley's application was dismissed.
Orders
Orders of the court
1. Application dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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