Cox v Taylor
[2013] QCAT 744
| CITATION: | Cox v Taylor [2013] QCAT 744 |
| PARTIES: | Susan Cox (Applicant) |
| v | |
| Matthew Taylor (Respondent) |
| APPLICATION NUMBER: | MCDO1892-12 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | 18 January 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Hughes |
| DELIVERED ON: | 18 January 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Application to strike-out is refused. |
| CATCHWORDS: | MINOR CIVIL DISPUTE – application to dismiss – proper respondent Queensland Civil and Administrative Tribunal Act 2009 (Qld) |
APPEARANCES and REPRESENTATION (if any):
The tribunal heard and determined this matter on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
REASONS FOR DECISION
Susan Cox disputes Matthew Taylor’s claim that these issues have previously been heard and determined and states the present application is not related to any previous claim. This is a triable issue that is most appropriately determined by the Tribunal at a full hearing of the application upon all evidence from parties; and
Matthew Taylor claims that he is not the correct Respondent but no explanation is provided. This is again, appropriately determined by the Tribunal at a full hearing of the Application upon hearing all evidence from the parties, noting that the Lessor in the lease dated 23 May 2011 is listed as “Matthew Trevor Taylor ATF Taylor & Sons Family Trust”.
Therefore, I am not satisfied that any grounds for dismissal under sections 47 and 48 of the QCAT Act have been satisfied.
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