QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
DENNIS V CJD MECHANICAL REPAIRS PTY LTD [2025] QCATA 53
PARTIES:
SUSAN KAY DENNIS (applicant)
V
CJD MECHANICAL REPAIRS PTY LTD (respondent)
APPLICATION NO/S:
APL142-23
ORIGINATING APPLICATION NO/S:
Q617-22 (Southport)
MATTER TYPE:
Appeals
DELIVERED ON:
22 May 2025
HEARD AT:
Brisbane
DECISION OF:
A/Senior Member Lember
ORDERS:
1. The application for leave to rely on fresh evidence filed 7 June 2023 is refused.
2. Leave to appeal is refused.
3. The application for leave to appeal or appeal filed 17 May 2023 is dismissed.
REASONS FOR DECISION
The applicant, Ms Dennis, owns a 1996 Jeep Cherokee to which the respondent, CJD Mechanical Repairs Pty Ltd (CJD) carried out mechanical works between May and December 2020.
On…
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- Case
- [2025] QCATA 53
- Decision Date
CaseChat Overview and Summary
The court found that Ms. Dennis's appeal did not identify any error of law in the Adjudicator's decision. The court noted that the Adjudicator's reasons were detailed and considered all relevant evidence and submissions. The court held that Ms. Dennis had not demonstrated any error in the application of the ACL or that the Adjudicator disregarded material facts. Regarding procedural fairness, the court observed that there was no evidence of any procedural unfairness in the handling of the case by the Registry or the Adjudicator. Ms. Dennis's claims of being 'bombarded' by questions and feeling unwell did not establish procedural unfairness. The court also found that the Adjudicator's reasons were sufficient, as they addressed the key issues and evidence presented in the case. The application for leave to rely on new evidence was also dismissed, as the evidence was deemed to be cumulative or not relevant to the issues before the court.
The court refused leave to appeal and dismissed the appeal. The court held that there was no basis for the appeal as the Adjudicator's decision was not legally erroneous and adequately addressed the issues before it. The application for leave to rely on new evidence was also denied, as it did not provide any new or relevant information that could affect the outcome of the case. Consequently, the orders of the Adjudicator were upheld, and Ms. Dennis's appeal was dismissed in its entirety.
Orders
Orders of the court
1. The application for leave to rely on fresh evidence filed 7 June 2023 is refused.
2. Leave to appeal is refused.
3. The application for leave to appeal or appeal filed 17 May 2023 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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