Faruque v La Vie Property Solutions

[2013] QCAT 288

CITATION: Faruque v La Vie Property Solutions [2013] QCAT 288

PARTIES:	Dr Mohammad Omar Faruque (Applicant)
v
La Vie Property Solutions (Respondent)

APPLICATION NUMBER: MCDO2425-12

MATTER TYPE: Other minor civil disputes matters

HEARING DATE: 20 May 2013

HEARD AT: Brisbane

DECISION OF: Mr John Bertelsen, Member

DELIVERED ON: 20 May 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The Applicant’s reopening application is dismissed.

CATCHWORDS: DAMAGES CLAIM - initial dismissal - lack of jurisdiction - no reopening ground - applicants non attendance not relevant

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Dr Mohammad Omar Faruque
RESPONDENT:	La Vie Property Solutions

REASONS FOR DECISION

1. At the hearing on the 18 March 2013, this application was identified as a claim for general damages and therefore not within the Tribunal’s jurisdiction.  There is nothing in the material provided by the Applicant that would bring this application within the Tribunal’s jurisdiction.

2. The dismissal of the Application is based on lack of jurisdiction. The Applicant’s non-attendance at the hearing on 18 March 2013 is therefore not a matter that needs further enquiry.

3. The application was dismissed for lack of jurisdiction.  That remains the case.