Insight Digital Marketing v Troy

[2016] QCAT 408

CITATION:

Insight Digital Marketing v Troy [2016] QCAT 408

PARTIES:

Insight Digital Marketing ABN 72650440781
(Applicant)

v

Kenneth Troy

(Respondent)

APPLICATION NUMBER:

MCDO410-16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

10 October 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The Respondent pay to the Applicant the sum of $7,700.00.

CATCHWORDS:

Mediation agreement – breach of mediation agreement – binding nature of mediation agreement – Tribunal’s orders consequent upon a breach of mediation agreement

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

1. The mediation agreement of 13 July 2016 is clear. The sum of $8,000.00 was payable by instalments to be partially offset by a $5,000.00 contra for a 14 seat wooden table and wishing well by 6 September 2016. That appears not to have occurred. Rather, the Respondent says he is owed $1,500.00 to make the 14 seat wooden table, but says it is valued at $6,500.00. The table has never been delivered nor, it appears, has any wishing well (not even mentioned in the Respondent’s application to set aside the mediation agreement for payment).

2. According to the Applicant, the mediation agreement for payment was complied with to the extent that three payments of $100.00 were made by the Respondent pursuant to the mediation agreement, but that is all.

3. There is nothing in the Respondent’s application to set aside mediation agreement that suggests it was signed under duress, nor in the context of mediation arrangements is it likely to have been.

4. The mediation agreement has not been complied with in that:

   a)Neither the 14 seat wooden table, nor the wishing well have been delivered in accord with the agreement;

   b)It appears three payments only of $100.00 have been made in accord with the agreement;

   c)Default in provision of the contra table and wishing well has occurred;

   d)Default in fortnightly payments has occurred;

   e)The agreement provides that in the event of default in making payments that the balance outstanding shall become due and payable;

   f)The agreed sum payable was $8,000.00. $300.00 has been paid. There is no contra.

5. In accord with the mediation agreement the Respondent should pay the Applicant the sum of $7,700.00.