Dwyer v Newmac Equipment Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Dwyer v Newmac Equipment Pty Ltd [2024] QCATA 135

PARTIES:

SHANE MICHAEL DWYER

(appellant)

v

NEWMAC EQUIPMENT PTY LTD

(respondent)

APPLICATION NO:

APL057-22

MATTER TYPE:

Appeal

DELIVERED ON:

12 December 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member WA Isdale

ORDER:

Leave to appeal refused

CATCHWORDS:

APPEAL – GENERAL PRINCIPLES – where the applicant seeks leave to appeal – where no fresh evidence was relied upon – where the applicant seeks to rely on the Australian Consumer Law – whether the Tribunal below erred in its decision

Queensland Civil and Administrative Tribunal Act 2009 s 142(3)(a)(i)

Pickering v McArthur [2005] QCA 294

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. Mr Dwyer commenced this matter by an application for minor civil dispute – consumer dispute, which was received by QCAT on 17 February, 2021.

The dispute

1. The dispute relates to a lathe, made around 1997, that he purchased from the respondent through its website in July, 2017.

2. Mr Dwyer claims that it was sold with major defects and sought to have the respondent accept its return at the respondent’s cost, refund the $13,000 purchase price to him and reimburse his reasonable expenses.[1]

   [1]Application received 17 February, 2021, Part C.

3. A valuation by JD Dodds, Plant and Machinery valuers, states that on 10 August, 2020, the lathe had a fair market value of $7,000 and was in below average condition.

QCAT hearing

1. The matter was heard by an adjudicator. The substantive hearing took place by a telephone link between 2:06 and 2:47pm on 6 January, 2022 and is recorded in 25 pages of transcript.

2. The Adjudicator gave reasons for decision on 10 January, 2022 and made orders to dispose of the matter. The orders are that the respondent pay the applicant $1,500 and a filing fee of $352, which is $1,852 in total, within 28 days.

The present application

1. Mr Dwyer applied for leave to appeal this decision, which was in his favour. There has not been any application to rely on fresh evidence in accordance with directions made by QCAT on 18 March, 2022.

2. Section 142(3)(a)(i) of the QCAT Act requires that in cases such as this one, leave to appeal must be obtained. In the usual case, such leave would be forthcoming where it appears that there is a reasonable argument that there was an error made by the Adjudicator such that an appeal would be necessary to correct a substantial injustice to the applicant which was caused by that error.[2]

   [2]Pickering v McArthur [2005] QCA 294 [3].

The key facts

1. This used lathe, then about 20 years old, was purchased in July, 2017. The respondents had bought it at auction from a…