Kampe v Wright

[2013] QCAT 652

CITATION: Kampe v Wright [2013] QCAT 652

PARTIES:	Lynette Annie Kampe (Applicant)
v
Shari-Louise Wright (Respondent)

APPLICATION NUMBER: MCDO1295/13

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: 17 November 2013

HEARD AT: Brisbane

DECISION OF: Adjudicator Bertelsen

DELIVERED ON: 17 November 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The application is dismissed for lack of jurisdiction.

CATCHWORDS: Minor Civil Dispute - Jurisdiction – excessive sum claimed in application – jurisdiction not established at the outset – transferability of such an application – dismissal of application for lack of jurisdiction

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. On 26 June 2013 Ms Kampe filed a minor debt application claiming the sum of $50,275.00 constituted by $25,000.00 claim, filing fee $275 and interest $25,000.00.

2. On 26 July 2013 the Tribunal ordered substituted service of the application to be effected in the following manner:

   (a)   By forwarding a copy of the application and this order by ordinary prepaid post to the respondent at 19 Ruby Street, Newmarket Qld 4051.

   (b)   By affixing to the front entrance door of the premises at 19 Ruby Street, Newmarket Qld 4051 a copy of the application and this order.

   (c)   Service on the respondent shall be deemed effected 5 days after the latter of (a) and (b) has occurred.

3. Subsequently on 30 October 2013 Ms Kampe made application for a decision by default seeking a reduced $33,568.49 constituted by $25,000.00, filing fee of $275.00 and interest $8,568.40.

4. On 4 November 2013 the Tribunal ordered that ‘the applicant shall make submissions to the Tribunal no later than 14 days on the issue of jurisdiction and further conduct of the application’. That order was made for the reason that the applicants claim as filed was beyond the jurisdiction of the Tribunal in its minor civil dispute – minor debt division.  Being a claim initially filed in excess of the Tribunal’s jurisdiction Ms Kampe now seeks to bring her application for default decision within the Tribunal’s jurisdiction by forgoing all of her claim in excess of $24,999.00.  She asserts that will bring the claim within the jurisdiction of QCAT and that she will accept judgment for this sum i.e. jurisdiction is grounded by the reduced sum total of claim plus interest not exceeding $25,000.00.

5. The position is not so simple. The application as filed and served is beyond the minor civil dispute – minor debt jurisdiction of the Tribunal i.e. it was fatally flawed from the very outset.  The application as filed was ultra vires the minor debt jurisdiction of QCAT. 

6. Being void from the outset it cannot be brought back within the Tribunal’s jurisdiction simply by forgoing part of the claim particularly where the application has already been served. The fatal flaw cannot be cured simply by the actions of the applicant alone reducing the quantum of her claim after service; nor is it the case that the application can be transferred to the Magistrates Court. The purport of section 52 QCAT Act is for transfer to another jurisdiction to be effected where that other jurisdiction could more appropriately deal with the subject matter of the application as filed with QCAT. Irrespective of the subject matter of this application the claim was never within the minor civil dispute – minor debt jurisdiction in the first place. Therefore the application lacks jurisdiction and as such a default decision cannot be entered. The initiating application is therefore dismissed for lack of jurisdiction.