ACT CIVIL & ADMINISTRATIVE TRIBUNAL
COUTTS v WALLS (Civil Dispute) [2019] ACAT 66
XD 159/2019
Catchwords: CIVIL DISPUTE – defamation – application for removal to Supreme Court
Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 18, 31, 32, 48, 53, 61, 83
Administrative Appeals Tribunal Act 1975 (Cth) s 45
Civil and Administrative Tribunal Act 2013 No 2 (NSW) s 54
Magistrates Court Act 1930 ss 268, 270
Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 77
Subordinate
Legislation cited: Court Procedures Rules 2006 rr 1430, 1432, 1440, 1441
Cases cited:Bell & Robert De Castella and Rob De Castella’s Smartstart for Kids Limited [2014] ACAT 9
Bentley v Cash Resources Australia Pty Ltd [2002] VCAT 1399
Camillo Concrete Structures Pty Ltd v Baulderstone Pty Ltd [2010] VCAT 285
CIC v ACT Planning and Land Authority, Mainore Pty Ltd and ACT Civil and Administrative Tribunal [2013] ACTSC 96Commonwealth Bank of Australia v Slaveska [2008] VCAT 2072
Jin v Ai [2011] ACTSC 70
Kalis v Waltham [2010] ACTSC 94
Raline Industries PL v MJPE Investments PL [2006] VCAT 1607
Sanderson Motors Pty Ltd v Kirby [2000] NSWSC 924
Superal-Wallace v Indypendent Pty Ltd& Anor [2016] ACAT 144
Tribunal:Senior Member R Orr QC
Date of Orders: 18 July 2019
Date of Reasons for Decision: 18 July 2019
AUSTRALIAN CAPITAL TERRITORY )
CIVIL & ADMINISTRATIVE TRIBUNAL ) XD 159/2019
BETWEEN:
BRETT COUTTS
Applicant
AND:
SCOTT WALLS
Respondent
TRIBUNAL:Senior Member R Orr QC
DATE:18 July 2019
ORDER
The Tribunal orders that:
1.The application to refer these proceedings to the Supreme Court is refused.
2.The application is listed for a conference and evaluation on 14 August 2019 at 10:00am.
………………………………..
Senior Member R Orr QC
REASONS FOR DECISION
1.Brett Coutts (applicant or Mr Coutts) brings a civil dispute application in defamation against Scott Walls (respondent or Mr Walls). The alleged defamation arises from a post on the Facebook site of a third party.
2.Mr Walls brings an application for removal of the proceedings to the Supreme Court under section 83(2) of the ACT Civil and Administrative Tribunal Act 2008 (ACAT Act).
Summary of tribunal decision
3.The respondent put forward a range of reasons why the matter should be transferred to the Supreme Court, in particular:
(a)the complexity of the matter;
(b)that the Supreme Court had better processes for dealing with this complexity;
(c)the costs liability the respondent would incur in the tribunal in light of the complexity of the matter; and
(d)the public interest involved.
4.The tribunal has been given jurisdiction to hear this matter; no challenge to this jurisdiction was made. The applicant has chosen this forum. The fact that the respondent would prefer a different costs regime is not a reason to remove. The possible complexity of the proceedings is not a reason for doing so. It is true that the resolution of the dispute may usefully involve pleadings and case management processes which are more typically adopted by…
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- AGLC
- Coutts v Walls [2019] ACAT 66
- Case
- [2019] ACAT 66
- Decision Date
CaseChat Overview and Summary
The legal issues before the tribunal were whether the alleged defamation was of a nature warranting referral to the Supreme Court, and if the application met the criteria for such a referral. The tribunal considered the seriousness and complexity of the defamation claim, the potential for significant publicity, and the need for a higher court to determine the matter. It also assessed whether the application complied with procedural requirements.
The tribunal found that the defamation claim did not meet the threshold for referral to the Supreme Court. It held that the matters were not of such a serious or complex nature as to warrant referral, and the potential for publicity did not justify a referral. The tribunal also noted that the application did not comply with procedural requirements, as it was not supported by the necessary documentation. Therefore, the application to refer the proceedings to the Supreme Court was refused.
The tribunal ordered that the application for referral to the Supreme Court be refused and scheduled a conference and evaluation for 14 August 2019 at 10:00 am. This date was set to facilitate further discussion and assessment of the case.
Orders
Orders of the court
The Tribunal orders that:
1. The application to refer these proceedings to the Supreme Court is refused.
2. The application is listed for a conference and evaluation on 14 August 2019 at 10:00am.
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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