Diverse Industries Australia Trust v Cherlocks Pty Ltd

Diverse Industries Australia Trust filed a claim against Cherlocks Pty Ltd for unpaid invoices, which was dismissed by the tribunal without providing reasons. The applicant sought leave to appeal the decision, arguing that it was entitled to payment of the invoices despite a repayment agreement and a claim of defective work. The tribunal also ordered the applicant to pay the respondent’s travel costs, despite lacking the authority to do so. The legal issues before the court were whether the applicant was entitled to leave to appeal and, if so, whether the appeal should be allowed.

The court found that the applicant had a serious question to be tried regarding the entitlement to payment of the invoices. The dismissal of the claim without reasons was irregular and justified leave to appeal. The court also found that the tribunal lacked the power to order the applicant to pay the respondent’s travel costs. Therefore, the order for the applicant to pay travel costs was quashed. The court allowed the appeal and confirmed the dismissal of the claim for unpaid invoices.

The court held that the tribunal had dismissed the claim for unpaid invoices without providing reasons, which was irregular and warranted leave to appeal. The applicant's argument regarding the entitlement to payment of the invoices despite the repayment agreement and the claim of defective work was considered a serious question to be tried. The court found that the tribunal did not have the authority to order the applicant to pay the respondent’s travel costs. Consequently, the order for the applicant to pay travel costs was set aside.

The court granted leave to appeal and allowed the appeal. The decision of 13 March 2014 dismissing the claim by Diverse Industries Australia Trust was confirmed. The decision of 13 March 2014 ordering Diverse Industries Australia Trust to pay Cherlocks Pty Ltd travel costs of $4,640 was set aside.