Fletchett v Coutts Redington Pty Ltd

[2013] QCATA 111

CITATION: Fletchett v Coutts Redington Pty Ltd [2013] QCATA 111

PARTIES:	Ian Fletchett (Applicant/Appellant)
v
Coutts Redington Pty Ltd t/as Coutts Redington (Respondent)

APPLICATION NUMBER: APL220-12

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice Alan Wilson, President

DELIVERED ON: 16 April 2013

DELIVERED AT: Brisbane

ORDERS MADE: Application for leave to appeal refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – where the applicant engaged the respondent to undertake accounting and taxation work – where the parties entered into a signed agreement with a payment plan – where the applicant failed to make payments – where the respondent brought proceedings in the Tribunal – where the matter was referred to mediation – where the mediation was unsuccessful and the matter was listed for a hearing – where the applicant failed to attend the hearing – where the Magistrate gave judgment for the respondent – where the applicant seeks to appeal that decision – whether leave to appeal should be granted

PRACTICE AND PROCEDURE – MEDIATION – where the parties are required to participate in the mediation process – where the Tribunal may dismiss or strike out proceedings where a party fails to attend mediation without reasonable excuse – where the mediation certificate stated the Mediator was unable to maintain contact with the respondent – where there is no evidence of non-attendance – whether the applicant was unnecessarily disadvantaged

Queensland Civil and Administrative Tribunal Act 2009, s 48(1)(g), 48(2), s 48(4), s 75, s 102
Queensland Civil and Administrative Tribunal Rules 2009, r 71(a)

B Publishing Pty Ltd v Azure International Discretionary Trust [2011] QCATA 23, cited

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. Coutts Redington Pty Ltd is a firm of chartered accountants in North Queensland. It undertook accounting and taxation work for Mr Fletchett for which, as he admits, he still owes fees. The accountants commenced a proceeding against him in the Minor Civil Disputes jurisdiction of the Queensland Civil and Administrative Tribunal (‘the Tribunal’) for $9,011.51, of which $8,024.50 was alleged to be outstanding fees and $702.51 was interest.

2. Mr Fletchett filed a response to the claim asking that it be held in abeyance because the parties had entered into a signed agreement incorporating a payment plan – and, presumably, so that Mr Fletchett could continue to make payments.

3. The minor civil dispute was referred to mediation which, according to the Mediator’s certificate, was unsuccessful because the Mediator was ‘unable to maintain contact with [Coutts Redington]’.

4. After the failed mediation, a Court officer, acting on the Tribunal’s behalf, contacted a representative of Coutts Redington who asked that the matter be listed for a hearing.

5. On 21 May 2012 notices were sent to both parties advising them that the hearing was listed for 4 June 2012. Mr Fletchett sent an…