Kuhnemann v Ollier & Glubb

[2015] QCAT 2

CITATION: Kuhnemann v Ollier & Glubb [2015] QCAT 2

PARTIES:	Helen Kuhnemann (Applicant)
v
Robert Ollier and Lynette Glubb (Respondents)

APPLICATION NUMBER: NDR224-12

MATTER TYPE:	Other civil dispute matters
HEARING DATE:	9 October 2014

HEARD AT: On the papers

DECISION OF: Member Allen

DELIVERED ON: 8 January 2015

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Robert Ollier and Lynette Glubb’s application for miscellaneous matters is refused.

CATCHWORDS:

NEIGHBOURHOOD DISPUTES – application about trees – where claim for compensation struck out – whether respondent should be able to cross-examine witnesses whose evidence is in regard to matter which has been struck out.

Queensland Civil and Administrative Tribunal Act 2009 (Qld)

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

1. Ms Kuhnemann made an application to the Tribunal alleging that a tree on the adjoining land owned by Mr Ollier and Ms Glubb was affecting her land. As part of that application, Ms Kuhnemann was claiming an amount of $20,000 in compensation for damage that she alleged the tree had caused to her house.

2. There were a series of interim applications made by Mr Ollier and Ms Glubb in respect of this matter one of those applications resulted in the Tribunal ordering on 27 May 2014 that the claim for compensation be struck out and that the application was to be continued in regard to the question of what tree work if any is required in respect of the tree.

3. The application was listed for final hearing on 17 October 2014 and Mr Ollier and Ms Glubb filed two further applications. One of those applications was to compel Ms Kuhnemann to produce certain witnesses at the hearing.

4. While the Tribunal must allow a party a reasonable opportunity to cross-examine witnesses this is subject the consideration of whether or not there is sufficient evidence about the matter before the Tribunal[1].

   [1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 96.

5. In this case, the evidence of the witnesses in question related to the claim by Ms Kuhnemann for compensation, which had been struck out on the application of Mr Ollier and Ms Glubb. As the issue of compensation is not before the Tribunal, there is no purpose in bringing the witnesses before the Tribunal for cross-examination, as the Tribunal will not consider their evidence, as it does not relate to the matters before it.

6. The application is refused.