Karaday Pty Ltd v RSB Australia Pty Ltd

CITATION: Karaday Pty Ltd v RSB Australia Pty Ltd [2015] QCATA 84

PARTIES:	Karaday Pty Ltd (Applicant/Appellant)
v
RSB Australia  Pty Ltd (Respondent)

APPLICATION NUMBER: APL058 -15

MATTER TYPE: Appeals

HEARING DATE: 7 April 2015

HEARD AT: Brisbane

DECISION OF: Senior Member Stilgoe OAM

DELIVERED ON: 22 June 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    Leave to appeal granted.

2.    Appeal allowed.

3.    The decision dated 19 November 2014 is set aside.

4.    The claim filed 10 August 2014 is dismissed

CATCHWORDS:

APPEAL – LEAVE TO APPEAL - MINOR CIVIL DISPUTE – CONSUMER/TRADER CLAIM – where deposit for importation of Ferrari – where alleged breach of contract – where claim for return of deposit – where claim filed as consumer/trader claim – where applicant a company – whether trader/trader claim – definition of “trader” - whether grounds for leave to appeal

APPEAL – LEAVE TO APPEAL - MINOR CIVIL DISPUTE – PROCEDURE  - where application for adjournment refused – where application for remote conferencing – where notice of appointment of agent for remote conferencing – where tribunal did not contact agent – whether procedural fairness – whether grounds for leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 12(4), 43(4), 43(5), Schedule 3

Pickering v McArthur [2005] QCA 294
Rosa v Tait Management Services Pty Ltd [2012] QCATA 214

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 (Qld) (QCAT Act).

REASONS FOR DECISION

1. RSB Australia Pty Ltd wanted to import a Ferrari into Australia. It contacted Karaday Pty Ltd through its website, asking for a cost to arrange Australian compliance. Karaday provided an estimate of $20,000. RSB paid a deposit of $10,000.

2. RSB chose the car, through Karaday, and it was loaded ready for shipment. Karaday then advised the compliance cost was $25,000 and advised of other, additional charges. RSB decided not to get Karaday to provide compliance for the car. It asked for a return of its deposit. Karaday refused to return the deposit so RSB filed a claim in the tribunal. An Adjudicator ordered Karaday refund RSB’s deposit and pay $1060 interest plus RSB’s filing fee of $294.60

3. Karaday wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]

   [1]QCAT Act s 142(3)(a)(i).

   [2]Pickering v McArthur [2005] QCA 294 at [3].

4. Karaday says that its requests for an adjournment and remote conferencing were unreasonably ignored. It says RSB misrepresented the facts to the tribunal. It says the tribunal miscalculated the amount of the order. It says there was a perception of bias. It says the decision was inequitable and unjust.

1. The first ground…