McCann Worldgroup Pty Ltd v Shingyun Pty Ltd - [2018] QCATA 128

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 229

Grasso & 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] QCATA 128
Decision Date: 7 September 2018

CaseChat Overview and Summary

McCann Worldgroup Pty Ltd initiated an appeal against Shingyun Pty Ltd, contesting a decision of the Queensland Civil and Administrative Tribunal. The dispute primarily revolved around whether the Tribunal's decision, which was a money order in the Minor Civil Dispute jurisdiction, was correctly made. McCann Worldgroup sought a stay of the money order pending the outcome of the appeal. Additionally, the appeal and subsequent application for leave to appeal were filed outside the stipulated time, prompting an application to extend the time limit.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

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 229 Grasso & 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).