Credit Corp Services Pty Ltd v Shahi - [2024] QMC 12

MAGISTRATES COURTS OF QUEENSLAND

CITATION:

Credit Corp Services Pty Ltd v Shahi [2024] QMC 12

PARTIES:

Credit Corp Services Pty Ltd Limited ACN 082 928 872

(Plaintiff)

V

Priyanka Shahi

(Defendant)

FILE NO/S:

53766/19

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

2 August 2024

DELIVERED AT:

Brisbane

HEARING DATE:

On the Papers

MAGISTRATE:

Pinder

ORDER:

I give judgement for the plaintiff on the claim in the sum of $23,954.37. 1)

I direct that in respect of a claim for interest and in respect of costs orders the parties file and serve written submissions (to be no more than 5 A4 typed pages) as follows. 2)

-     The plaintiff within 14 days.

-     The defendant within 21 days.

CATCHWORDS:

PROCEDURE – RULES OF COURT – APPLICATION FOR SUMMARY JUDGEMENT ON CLAIM AND COUNTER CLAIM

Uniform Civil Procedure Rules 1999 (Qld) r 292 and r 293

Deputy Commissioner of Taxation v Salcedo [2005] QCA 227

Qld Building Services Authority v Orenshaw & Anor [2012] ASC 241

Jessup v Lawyers Private Mortgages Ltd and Ors [2006]

Agar v Hyde [2000] 201 CLR 552

COUNSEL:

CH. Matthews for the Plaintiff

SOLICITORS:

Piper Alderman for the Plaintiff

Defendant – No Appearance

INTRODUCTION

The plaintiff brings suit claiming $23,954.37 as a liquidated debt owing by the defendant. The debt is alleged to arise from the provision of a credit facility by Westpac Banking Corporation to the defendant.

The plaintiff is a debt factoring company who alleges that the original debt, due and owing to Westpac Banking Corporation by the defendant, was lawfully assigned to it.

THE PARTIES’ MATERIAL

The plaintiff relies on the following material:
A. Claim and Statement of Claim dated 23 July 2019.

B. Amended Statement of Claim dated 4 November 2021.

C. Notice of Intention to Defendant and Defence dated 29 July 2019.

D. Plaintiff’s Application dated 7 March 2023.

E. Affidavit of Anastasia Chye sworn 5 December 2022.

F. Affidavit of Rebecka Sumsion sworn 28 February 2023.

G. Orders of Magistrate Pinder dated 9 February 2024 (Hearing on the Papers).

The defendant has not filed any material in response to the application.

THE APPLICATION

The plaintiff applies for the following orders:

1) Summary judgement in favour of the plaintiff pursuant to rule 292 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR).

2) Any counterclaim of the defendant be struck out pursuant to rule 171 of the UCPR.

3) The defendant pay the plaintiff’s costs of this application on an indemnity basis.

The application was first returnable before the court on 3 April 2023 but subsequently adjourned on a number of occasions either upon application by the defendant or by consent. The application was last listed for hearing on 9 February 2024 when the defendant failed to appear but had again emailed the registry of the court seeking a further adjournment of the application.

The plaintiff did not oppose a further adjournment but sought directions for the further conduct of the application through to final determination effectively seeking that the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] QMC 12
Decision Date: 2 August 2024

CaseChat Overview and Summary

In the Federal Circuit Court, Credit Corp Services Pty Ltd (the plaintiff) brought an action against Shahi (the defendant) regarding a debt owed. The plaintiff sought summary judgment on its claim and counterclaim. The court had to determine whether the plaintiff was entitled to summary judgment on its claim and whether the defendant’s counterclaim could proceed to trial. The court also had to consider the appropriate orders for interest and costs.

The primary legal issue was whether the plaintiff was entitled to summary judgment on its claim, given the undisputed evidence provided. The court had to examine whether the debt was undisputed and whether the defendant had any valid defences or counterclaims that required a trial. Additionally, the court needed to decide the appropriate amount of interest to be awarded on the debt and whether any costs should be awarded to either party.

The court found that the debt was undisputed and that the defendant had no valid defences or counterclaims that would require a trial. The court granted summary judgment to the plaintiff on its claim in the sum of $23,954.37. Regarding interest, the court directed that the parties file and serve written submissions on the appropriate rate and amount of interest within specified timeframes. The court also directed that written submissions be filed on the costs orders, again within specified timeframes. The court’s decision provided clarity on the debt owed and set a framework for resolving the remaining issues of interest and costs.

Orders

Orders of the court

I give judgement for the plaintiff on the claim in the sum of $23,954.37. 1)

I direct that in respect of a claim for interest and in respect of costs orders the parties file and serve written submissions (to be no more than 5 A4 typed pages) as follows. 2)

- The plaintiff within 14 days.

- The defendant within 21 days.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Credit Corp Services Pty Ltd v Shahi [2024] QMC 12
PARTIES:	Credit Corp Services Pty Ltd Limited ACN 082 928 872 (Plaintiff) V Priyanka Shahi (Defendant)
FILE NO/S:	53766/19
DIVISION:	Civil
PROCEEDING:	Application
ORIGINATING COURT:	Brisbane
DELIVERED ON:	2 August 2024
DELIVERED AT:	Brisbane
HEARING DATE:	On the Papers
MAGISTRATE:	Pinder
ORDER:	I give judgement for the plaintiff on the claim in the sum of $23,954.37. 1) I direct that in respect of a claim for interest and in respect of costs orders the parties file and serve written submissions (to be no more than 5 A4 typed pages) as follows. 2) - The plaintiff within 14 days. - The defendant within 21 days.
CATCHWORDS:	PROCEDURE – RULES OF COURT – APPLICATION FOR SUMMARY JUDGEMENT ON CLAIM AND COUNTER CLAIM Uniform Civil Procedure Rules 1999 (Qld) r 292 and r 293 Deputy Commissioner of Taxation v Salcedo [2005] QCA 227 Qld Building Services Authority v Orenshaw & Anor [2012] ASC 241 Jessup v Lawyers Private Mortgages Ltd and Ors [2006] Agar v Hyde [2000] 201 CLR 552
COUNSEL:	CH. Matthews for the Plaintiff
SOLICITORS:	Piper Alderman for the Plaintiff Defendant – No Appearance