Lacarsha Constructions Pty Ltd v Sharpe
[2011] QCAT 661
•22 November 2011
| CITATION: | Lacarsha Constructions Pty Ltd v Sharpe [2011] QCAT 661 |
| PARTIES: | Lacarsha Constructions Pty Ltd |
| v | |
| Ms Melody Sharpe |
| APPLICATION NUMBER: | BDL194-11 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Kerrie O'Callaghan, Senior Member |
| DELIVERED ON: | 22 November 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | The application for a default decision is refused. |
| CATCHWORDS: | Default decision – where application for default decision refused – where a response filed |
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
The applicant in this matter filed an application for a decision by default on 1 November 2011.
A directions hearing was held in the matter on 9 November 2011 at which time I ordered that Melody Sharpe was to file her response and any counter application by 23 November 2011.
Melody Sharpe filed her response and counter claim on 15 November 2011.
Lacarsha Constructions Pty Ltd filed a further application for default decision on 22 November 2011.
I dismissed that application for default decision on 22 November 2011.
Melody Sharpe has now sought reasons for that order.
The reasons are simple. It is only possible to obtain a decision by default in the absence of a response to the application. An application and counter claim had been filed by Melody Sharpe prior to the lodging of that application for default judgement. The application was therefore refused.
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