QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
McCann Worldgroup Pty Ltd v Shingyun Pty Ltd & Anor [2018] QCATA 128
PARTIES:
MCCANN WORLDGROUP PTY LTD
(applicant/appellant)v SHINGYUN PTY LTD
(first respondent)
THE LIMITED LOTTERIES N.V.
(second respondent)
APPLICATION NO/S:
APL416-17
ORIGINATING APPLICATION NO/S:
MCD179-17 (Southport)
MATTER TYPE:
Appeals
DELIVERED ON:
7 September 2018
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Allen
ORDERS:
1. McCann Worldgroup Pty Ltd is granted leave to file the application for leave to appeal and appeal on 21 December 2017.
2. McCann Worldgroup Pty Ltd must pay the reasonable costs incurred by Shingyun Pty Ltd and The Limited Lotteries N.V. in the enforcement of the original order such costs to be determined by the Appeal Tribunal following the determination of the application for leave to appeal and appeal.
3. Order 2 of the Tribunal’s decision in Southport Claim 0000179/17 is stayed until further order of the Tribunal.
4. The application for a stay is otherwise refused.
5. McCann Worldgroup Pty Ltd is granted leave to amend its application for leave to appeal and appeal in accordance with the amended application for leave to appeal and appeal filed in the Tribunal on 6 February 2018.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGEMENT – where application for leave to appeal and appeal filed out of time – where the applicant subsequently filed an application to extend time – whether application to extend time should be granted
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where application filed for leave to appeal and appeal decision of the Tribunal – where decision was money order in the Minor Civil Dispute jurisdiction – where applicant in the appeal sought a stay of the money order decision pending the outcome of the appeal – whether a stay should be granted
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – POWERS OF COURT – AMENDMENT – amendment of application – general principles as to grant or refusal – where application filed for leave to appeal and appeal decision of the Tribunal – where applicant files amended application for leave to appeal and appeal at early stage – where delay in filing application for leave to amend – whether leave to amend should be granted.
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 61, s 64, s 145(2)
Avilake Pty Ltd v Tucker (No 2) [2012] QCATA 261
Benson v Ware [2012] QCATA 24
Campbell & Anor v Lane & Anor [2013] QCATA 229Grasso & Anor v CMG Consulting Engineers Pty Ltd [2011] QCATA 244
REPRESENTATION:
Applicant:
M Robinson, solicitor of Robinson Locke
First respondent:
Self-represented
Second respondent:
Self-represented
APPEARANCES:
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
McCann Worldgroup is an advertising agency which agreed to provide Workshop…
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- Case
- [2018] QCATA 128
- Decision Date
CaseChat Overview and Summary
The primary legal issues in the case were whether the court should grant an extension of time for the appeal and the application for leave to appeal, whether a stay of the Tribunal’s decision should be granted pending the outcome of the appeal, and whether leave should be given to amend the application for leave to appeal and appeal. The court had to consider the general principles surrounding the grant or refusal of such applications and the impact of any delay in filing.
The court determined that McCann Worldgroup was granted leave to file the application for leave to appeal and appeal on 21 December 2017. The court also ruled that McCann Worldgroup must compensate Shingyun Pty Ltd and The Limited Lotteries N.V. for the reasonable costs incurred in enforcing the original order, with the amount to be determined by the Appeal Tribunal. Regarding the stay, the court stayed Order 2 of the Tribunal’s decision but refused to stay other orders. Finally, the court allowed McCann Worldgroup to amend its application for leave to appeal and appeal in accordance with the amended application filed on 6 February 2018.
The court’s final orders included granting leave to file the application for leave to appeal and appeal, imposing costs on McCann Worldgroup for the enforcement of the original order, staying a specific order of the Tribunal, and allowing the amendment of the application for leave to appeal and appeal.
Orders
Orders of the court
1. McCann Worldgroup Pty Ltd is granted leave to file the application for leave to appeal and appeal on 21 December 2017.
2. McCann Worldgroup Pty Ltd must pay the reasonable costs incurred by Shingyun Pty Ltd and The Limited Lotteries N.V. in the enforcement of the original order such costs to be determined by the Appeal Tribunal following the determination of the application for leave to appeal and appeal.
3. Order 2 of the Tribunal’s decision in Southport Claim 0000179/17 is stayed until further order of the Tribunal.
4. The application for a stay is otherwise refused.
5. McCann Worldgroup Pty Ltd is granted leave to amend its application for leave to appeal and appeal in accordance with the amended application for leave to appeal and appeal filed in the Tribunal on 6 February 2018.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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