Hojaij v French

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Hojaij & Anor v French & Anor [2024] QCATA 130

PARTIES:

ROBERTO CARLOS HOJAIJ

(first appellant)

CBP - CLINIC OF BIOLOGICAL PSYCHIATRY
ACN 165 640 951

(second appellant)

v

ZIPPORAH FRENCH

(first respondent)

PRESCRIBE PRACTICE MANAGEMENT PTY LTD
ACN 602 278 357

(second respondent)

APPLICATION NO:

APL019-24

ORIGINATING APPLICATION NO:

Q1602-2023

MATTER TYPE:

Appeals

DELIVERED ON:

10 December 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member Stilgoe OAM

ORDERS:

1.     Leave to appeal is refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – where the Tribunal awarded the appellant $6,000, being the amount offered and accepted in satisfaction of a claim for a full refund of a sum paid under a recruitment contract – where the appellant argued that the Tribunal should have awarded a refund of the sum paid under the recruitment contract – where the appellant conceded that he had accepted the offer of $6,000 in the original proceeding – where the appellant failed to point to any error by the Tribunal – where the Tribunal was entitled to find that the offer had been accepted – whether leave to appeal should be granted

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the appellant brought an application in the Tribunal’s minor civil disputes jurisdiction – where the Tribunal has jurisdiction to hear claims arising from consumer/trader contracts and trader/trader contracts – where the Tribunal has excluded those who practice in disciplines or professions not ordinarily regarded as being within the field of trade and commerce – where the appellant was a biological psychiatrist and the respondent was a recruitment service provider – where the appellant, if leave were granted, sought to argue a claim arising out of the parties’ contract – whether a claim under the contract was within the Tribunal’s minor civil disputes jurisdiction

Queensland Civil and Administrative Tribunal Act 2009 s 11, s 12, s 142, sch 3

Australian Broadcasting Commission v Bond (1990) 170 CLR 321

Dearman v Dearman (1908) 7 CLR 549
Early Property Group Pty Ltd t/a Early Group Valuers v Cavallaro [2010] QCATA 65
Fox v Percy (2003) 214 CLR 118
McDonald v Kenmore Podiatry Pty Ltd [2012] QCAT 126
Pickering v McArthur [2005] QCA 294
Pretia v Aknar (1996) 40 NSWLR 165
Robinson Helicopter Co Inc v McDermott (2016) 90 ALJR 679
Safe and Sound Building Society v SRJ Audit Pty Ltd [2015] QCATA 109
Terera & Anor v Clifford [2017] QCA 181
Waterford v The Commonwealth (1987) 163 CLR 54
Wong v Ong [2015] QCATA 51

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. Roberto Hojaij contracted with Prescribe Practice Management to recruit a part time administrative employee in his medical practice, Biological Psychiatry Clinic. Prescribe recruited a candidate for the Clinic…