Lopez v Brisbane Boys College

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Lopez & Anor v Brisbane Boys College [2021] QCATA 47

PARTIES:

FRANKLIN LOPEZ

MAIRYM ALFARO

(applicants/appellants)

v

BRISBANE BOYS COLLEGE

(respondent)

APPLICATION NO/S:

APL 318-20

ORIGINATING APPLICATION NO/S:

MCD 0053436/18

MCD 0491/20

MATTER TYPE:

Appeals

DELIVERED ON:

16 March 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Ann Fitzpatrick

ORDERS:

1.       Leave to appeal is refused.

2.       The application for leave to appeal or appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES – where interlocutory decision – exercise of discretion – where minor civil dispute – whether leave to appeal should be granted – whether breach of natural justice – whether expectation of an oral hearing – whether substantial injustice

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3(b), s 4(c), s 28

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170

Australian Coal and Shale Employees’ Federation v The Commonwealth (1953) 94 CLR 621
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
House v R (1936) 55 CLR 499
In re Will of F.B Gilbert (dec.) (1946) 46 SR (NSW) 318
Kehl v Board of Professional Engineers of Queensland [2010] QCATA 58
Lyons v Dreamstarter Pty Ltd [2011] QCATA 142

McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577

APPEARANCES & REPRESENTATION:

Applicants:

Self-represented

Respondent:

Paxton-Hall Lawyers Pty Ltd

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

REASONS FOR DECISION

1. The applicants Mr Lopez and Ms Alfaro filed an application for leave to appeal or appeal on 14 October 2020. The application relates to an interlocutory decision made on 18 September 2020 by an Adjudicator sitting in the minor civil dispute – minor debt jurisdiction of the Tribunal.

2. The Adjudicator ordered that:

   (a)the respondent Brisbane Boys College (BBC) may be legally represented.

   (b)The applicants Mr Lopez and Ms Alfaro may be legally represented if they wish.

   (c)The application for an order declaring the affidavit of Paul Brown inadmissible is refused (the decision).

3. The proceeding below is comprised of two matters ordered to be heard together. In MCD 0053436/18, BBC claims outstanding school fees. In MCD491/20, Mr Lopez and Ms Alfaro claim damages for breach of contract, or in the alternative compensation for expectation loss arising out of a breach of section 18 of the Australian Consumer Law.

Grounds of appeal

1. Mr Lopez and Ms Alfaro seek leave to appeal the decision on the ground that they were not afforded natural justice because:

   (a)they were not offered an oral hearing of the interlocutory applications giving rise to the decision;

   (b)the affidavit of Paul Brown was delivered by BBC five days before the hearing; and 

   (c)Mr Brown’s affidavit purported to amend BBC’s statement of claim which had not set out the…