Kang and R and D Regional Construction Pty Ltd; (Civil Dispute Appeal)

This is an appeal from the decision of Registrar Thompson on 9 January 2013 to set aside a default judgment made on 2 November 2012 in the matter of Kang and R and D Regional Construction Pty Ltd. The appellant, Alicia Kang, had contracted with the respondent to build a pergola. Dissatisfied with the work, Kang commenced proceedings to be repaid the $4,200.00 she had paid to the respondent. After several attempts to file a proper debt application, a correct debt application was filed on 28 September 2012. Kang then applied for a default judgment on 2 November 2012, which was granted by a Deputy Registrar of the ACT Civil and Administrative Tribunal (ACAT) on the same day. Unbeknownst to ACAT and Kang, the respondent had posted a response on 22 October 2012, but it was not received by ACAT. The respondent then sought to set aside the default judgment, and the matter was heard by Registrar Thompson on 9 January 2013. Kang subsequently appealed the Registrar's decision.

The tribunal found that the respondent had a good reason for not responding in time and had a case that deserved to be heard. The tribunal also found that the appeal did not constitute a true appeal, as the original application had not been decided by the tribunal. The tribunal concluded that there was no legal error in the Registrar's decision to set aside the default judgment, and the appeal was dismissed. The matter was remitted to the general division of ACAT for a substantive hearing.