Heritage Building Limited v Giardina

[2015] QCAT 224

CITATION: Heritage Building Limited v Giardina [2015] QCAT 224

PARTIES:	Heritage Building Limited (Applicant)
v
Mark Giardina (Respondent)

APPLICATION NUMBER: MCDO50995-12

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: 15 May 2015 – On the papers

HEARD AT: Pine Rivers

DECISION OF: Adjudicator Gordon

DELIVERED ON: 15 May 2015

DELIVERED AT: Pine Rivers

ORDERS MADE:      The Respondent’s application to set aside the default decision made on 8 January 2013 is refused.

CATCHWORDS: Other minor civil dispute matters – application to set aside default decision

APPEARANCES and REPRESENTATION (if any):

The tribunal heard and determined this matter on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. By an application received by QCAT on 11 May 2015 the Respondent applied to set aside a default decision made on 8 January 2013.  This was refused on the papers on 15 May 2015.  The Respondent now asks for reasons for this refusal.

2. The Respondent’s grounds for setting aside the default decision were that, having entered into an arrangement to pay the judgment debt, it was now paid off.

3. When considering this application I was satisfied that the default decision was “regular”.  This means that the correct formalities had been followed to enable the default decision of 8 January 2013 to be made.

4. Payment of a regular default decision is not a ground to set aside the default decision.  Instead, the default decision should remain, but should be regarded as discharged.

5. Judging from the application to set aside the default decision, the Respondent seems concerned about the adverse effect of the default decision on his credit rating.  Effect on a party’s credit rating is not something that QCAT can take into account when reaching its decisions.  In any case, QCAT has no control over credit ratings because they are set by others.