| CITATION: | Gemview Jewellery v Stafleu [2011] QCATA 276 |
| PARTIES: | Gemview Jewellery (Applicant) |
| v | |
| Florian Stafleu (Respondent) |
APPLICATION NUMBER: APL223-11
| MATTER TYPE: | Appeals |
HEARING DATE: On the papers
HEARD AT: Brisbane
| DECISION OF: | Peta Stilgoe, A/Senior Member Michelle Howard, Member |
DELIVERED ON: 29 September 2011
DELIVERED AT: Brisbane
ORDERS MADE: 1. Leave to appeal the decision of the tribunal is refused.
| CATCHWORDS: | APPLICATION FOR LEAVE TO APPEAL – minor civil dispute – further evidence sought to be relied upon – reasonably available at date of hearing – no error in tribunal’s reasoning demonstrated Queensland Civil and Administrative Tribunal Act 2009, ss 143, 147 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Georgalis v Andonaras (1993) 113 FLR 196 |
APPEARANCES and REPRESENTATION (if any):
This proceeding was heard and determined on the papers, pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (the QCAT Act).
REASONS FOR DECISION
Peta Stilgoe, A/Senior Member
I have read the draft reasons for decision of Ms Howard, and I agree with her reasons and the order she proposes.
Michelle Howard, Member
After hearing a minor civil dispute, a Member of the tribunal made orders that Gemview Jewellery pay the amount of $5,130.50 within one month to Mr Florian Staflau. The monies ordered to be paid represent a refund of the deposit of $5,000 for some custom made jewellery ordered by Mr Stafleu from Gemview Jewellery, together with costs of his filing fee and costs of serving the application. Gemview Jewellery seeks leave to appeal the decision.
The Tribunal was satisfied that the contract was terminated when there was an increase in the price originally agreed. It did not accept Gemview Jewellery’s assertions that the contract had been reaffirmed and considered this was inconsistent with the available written evidence.
The grounds of appeal are to the effect that Mr Pezeshkzad, who trades as Gemview Jewellery, has now located documentation which the Member requested from him at the hearing. He says that this documentation demonstrates that Mr Stafleu misconstrued the facts at the hearing. In an attachment to the application, headed ‘a brief review of the grounds of appeal’, Gemview Jewellery, further refers to Mr Stafleu as lying under oath. He seeks orders for a payment to Gemview Jewellery by Mr Stafleu.
Mr Staflau seeks orders dismissing the application for leave to appeal and appeal. Although he has not cross-appealed,…
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- Case
- [2011] QCATA 276
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the tribunal had made an error in excluding certain evidence that the applicant sought to introduce at the appeal stage. Specifically, the applicant argued that the evidence was reasonably available at the time of the tribunal's hearing and that its exclusion constituted a significant error. Additionally, the applicant sought to challenge the tribunal's jurisdictional findings.
The court found that the applicant had not demonstrated that the tribunal had erred in its reasoning or in its jurisdictional findings. The evidence in question was deemed reasonably available at the time of the tribunal's hearing and was considered by the tribunal. The applicant's arguments regarding the tribunal's jurisdiction were also found to be without merit, as the tribunal had correctly exercised its jurisdiction. Consequently, the court dismissed the application for leave to appeal, finding that no substantial miscarriage of justice had occurred.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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