Just Cars Audio Pty Ltd v Wilson

[2012] QCATA 79

CITATION: Just Cars Audio Pty Ltd v Wilson [2012] QCATA 79

PARTIES:	Just Cars Audio Pty Ltd (Applicant/Appellant)
v
Ross Anderson Wilson (Respondent)

APPLICATION NUMBER: APL426-11

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Richard Oliver, Senior Member

DELIVERED ON: 15 May 2012

DELIVERED AT: Brisbane

ORDERS MADE: Leave to appeal refused.

CATCHWORDS:

Default Decision – where regularly entered – no error

Queensland Civil and Administrative Tribunal Act2009, s 142(3)

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

1. Mr Wilson filed an application for a minor civil dispute in the QCAT registry in Townsville claiming $15,000 for the sale of a share in a company owned by the respondent.  He contends there was an oral agreement but the respondent has refused to pay. 

1. Just Cars did not file a response to the application and on 22 June 2011 the applicant applied for a default decision in the Townsville Magistrates Court.

1. Being satisfied that there was service of the application, and it was a liquidated debt, a default decision was entered on 22 June 2011.  That default decision has been entered regularly.

1. Subsequent to that, on 29 June 2011 a response was filed by Just Cars.  It then filed an application for leave to appeal or appeal in the Appeal Tribunal on 28 June 2011.  An application to set aside the default decision was also filed in the Magistrates Court Townsville on 12 August 2011.

1. As the appeal was filed first in time the Townsville registry would not deal with the application to set aside the default decision and referred the matter to the appeal jurisdiction of QCAT. 

1. Leave to appeal is necessary.[1]  Leave will only be granted if the applicant can demonstrate that there is an error of law.  As the default decision has been regularly entered no error is demonstrated and therefore leave to appeal is refused.

   [1] QCAT Act, s 142(3).

1. However, the application to set aside the default decision together with material filed in support should now be considered by the minor civil dispute jurisdiction of the Tribunal.  It is not for the Appeal Tribunal to make the decision as to whether or not the decision by default should be set aside.