JHK Legal Australia Pty Ltd v Round Mountain Transport Pty Ltd
[2015] QCAT 459
•3 November 2015
| CITATION: | JHK Legal Australia Pty Ltd v Round Mountain Transport Pty Ltd [2015] QCAT 459 |
| PARTIES: | JHK Legal Australia Pty Ltd (Applicant) |
| v | |
| Round Mountain Transport Pty Ltd ACN 162173211 (Respondent) |
| APPLICATION NUMBER: | MCDO50757-15 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | 30 September 2015 |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Anna Walsh |
| DELIVERED ON: | 3 November 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The Application to set aside the decision by default of 29 May 2015 is refused. |
| CATCHWORDS: | Other minor civil dispute matters Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 51 |
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
On 3 March 2015 the Applicant filed a claim in the Registry for a minor debt claim for monies owing for professional services.
On 21 May 2015 a completed Form 6 Request for Decision by Default was received in the Tribunal Registry in Brisbane.
On 29 May 2015 the Tribunal being satisfied that service of the Application had been effected, no response to the claim had been filed and that the relief claimed had not been satisfied, an Order was made that the Respondent pay to the Applicant $11,333.19.
On 29 September 2015 an Application to set aside the default decision was made by the Respondent. The Respondent enclosed a letter from the Applicant consenting to the Application.
The basis of the Application was that the debt had now been paid in full.
The function of the Tribunal is exhausted and the fact that the debt has now been paid is not a basis for setting aside the Order made on 29 May 2015.
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