Grosse v Steffensen - [2018] QCATA 177

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Grosse v Steffensen [2018] QCATA 177

PARTIES:

GAVIN GROSSE
(appellant)

v

CASSANDRA STEFFENSEN

(respondent)

APPLICATION NO/S:

APL110-18

ORIGINATING APPLICATION NO/S:

Claim 310-17 (Beenleigh)

MATTER TYPE:

Appeals

DELIVERED ON:

19 November 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:

Leave to appeal against the decision made on 27 April 2018 in Claim 310-17 Beenleigh is refused. The appeal therefore fails.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – leave to appeal – whether new evidence may be allowed on appeal – whether the member wrongly exercised his discretion when refusing an application to set aside or amend a default decision – whether any reasonably arguable grounds of appeal

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DEFAULT JUDGMENT – SETTING ASIDE – GENERALLY – where tribunal made default decision in a minor debt claim because there was no Response filed – where the respondent applied to set aside or amend the default decision – where this was refused because of inadequate evidence in support – whether this was a proper exercise of discretion

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 51

Embrey v Smart [2014] QCA 75
Garland v Butler McDermott Lawyers [2011] QCATA 151
National Mutual Life Association of Australasia Ltd v Oasis Developments Pty Ltd [1983] 2 Qd R 441

Xu v Lauro [2016] QCATA 22

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

APPEARANCES:

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

REASONS FOR DECISION

This is an appeal from the decision of a member of the tribunal who, on 27 April 2018, refused an application by Gavin Grosse to set aside or amend a default decision made on 12 March 2018. In that decision he had been ordered to pay Cassandra Steffensen the sum of $3,650. The default decision was made because Mr Grosse had not submitted a Response to the claim filed in the tribunal by Ms Steffensen.
Ms Steffensen’s claim was made in an application filed in the tribunal on 14 December 2017 in which she claimed the $3,650 as an outstanding amount due to her from Mr Grosse as the unrepaid amount of loans she had made to him.
That claim was made as a minor debt claim on Form 3. If a respondent to such a claim wishes to defend it, then a Response in the approved form must be given to the applicant and filed in the tribunal within 28 days of service of the application on the respondent.[1] If this is not done, then the tribunal may make a default decision upon an application made by the applicant.[2]
[1]Rule 45(2) of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (‘the Rules’).
[2]Section 50 of the QCAT Act.
The application for a default decision must include affidavit evidence showing service…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grosse v Steffensen

Details

AGLC: Grosse v Steffensen [2018] QCATA 177
Case: [2018] QCATA 177
Decision Date: 19 November 2018

CaseChat Overview and Summary

In Grosse v Steffensen, the appellant sought to appeal against a decision of the Magistrates Court of Queensland, which had dismissed an application to set aside a default judgment. The underlying dispute involved a minor debt claim filed by the respondent, Steffensen, against the appellant, Grosse. When the appellant did not respond to the claim, the tribunal entered a default judgment in favour of the respondent. Subsequently, the appellant applied to set aside the default decision, but this application was dismissed due to insufficient evidence to support the application. The appellant now seeks to appeal this dismissal.

The primary legal issues in this case were whether the decision to refuse the application to set aside the default judgment was properly exercised, and if there were any reasonably arguable grounds of appeal. The appellant argued that the tribunal wrongly exercised its discretion by not allowing new evidence, which would have provided a defence to the claim. The court was required to determine if the tribunal's refusal to set aside the default judgment was justified and whether the appeal had any arguable merit.

The court held that the tribunal's decision to refuse the application to set aside the default judgment was a proper exercise of discretion. The tribunal was not obliged to admit new evidence that had not been disclosed earlier, especially when it was not accompanied by a satisfactory explanation for the delay. The court found that the evidence provided was inadequate to warrant setting aside the default judgment. Furthermore, the court concluded that there were no reasonably arguable grounds of appeal in this case, as the tribunal's decision was based on sound legal principles and proper consideration of the evidence.

Leave to appeal against the decision made on 27 April 2018 in Claim 310-17 Beenleigh is refused. The appeal therefore fails.

Orders

Orders of the court

Leave to appeal against the decision made on 27 April 2018 in Claim 310-17 Beenleigh is refused. The appeal therefore fails.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Grosse v Steffensen [2018] QCATA 177
PARTIES:	GAVIN GROSSE (appellant)
v
CASSANDRA STEFFENSEN (respondent)
APPLICATION NO/S:	APL110-18
ORIGINATING APPLICATION NO/S:	Claim 310-17 (Beenleigh)
MATTER TYPE:	Appeals
DELIVERED ON:	19 November 2018
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Member Gordon
ORDERS:	Leave to appeal against the decision made on 27 April 2018 in Claim 310-17 Beenleigh is refused. The appeal therefore fails.
CATCHWORDS:	APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – leave to appeal – whether new evidence may be allowed on appeal – whether the member wrongly exercised his discretion when refusing an application to set aside or amend a default decision – whether any reasonably arguable grounds of appeal PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DEFAULT JUDGMENT – SETTING ASIDE – GENERALLY – where tribunal made default decision in a minor debt claim because there was no Response filed – where the respondent applied to set aside or amend the default decision – where this was refused because of inadequate evidence in support – whether this was a proper exercise of discretion Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 51 Embrey v Smart [2014] QCA 75 Garland v Butler McDermott Lawyers [2011] QCATA 151 National Mutual Life Association of Australasia Ltd v Oasis Developments Pty Ltd [1983] 2 Qd R 441 Xu v Lauro [2016] QCATA 22
REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).