Hayden v Kim

Maree Hayden appealed against a finding made by a Member against her in a claim for damage to a vehicle brought by Kim. Hayden’s appeal was heard by the Queensland Civil and Administrative Tribunal (QCAT). Hayden was found to be liable for damage caused to Kim’s vehicle and ordered to pay compensation. Hayden sought to appeal against the finding by submitting a fresh affidavit containing evidence she claimed was not available at the time of the original hearing. Hayden also submitted several points which were considered to be proper grounds of appeal. The appeal was dismissed by QCAT and Hayden now seeks leave to appeal to the Queensland Court of Appeal.

The appeal required the Court to determine whether the fresh evidence Hayden sought to rely on was admissible, and whether the grounds of appeal were reasonably arguable. Hayden submitted that the evidence would only be of value if there were to be a rehearing. The Court found that the fresh evidence was not admissible because it was not available at the time of the original hearing and was not relevant to the issues before QCAT. The Court further found that the grounds of appeal were not reasonably arguable.

In light of the Court’s findings, Hayden’s application to put fresh evidence before the Appeal Tribunal was refused. The Court found that leave to appeal should be refused as the grounds of appeal were not reasonably arguable. This means that Hayden’s appeal fails.