McKinless v Van

[2016] QCAT 409

CITATION:

McKinless v Van [2016] QCAT 409

PARTIES:

Gail McKinless
(Applicant)

v

Christian Ronald Van

(Respondent)

APPLICATION NUMBER:

MCDO846-16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

17 October 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The respondent’s reopening application is refused.

CATCHWORDS:

Reopening application – specific grounds to reopen pursuant to QCAT Act – no reopening ground identified

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. The initiating application is for the repayment of monies lent.

2. The decision of 15 August 2016 can be set aside and the application reopened if the respondent had a proper reason for non-attendance at hearing, which followed on mediation at 11:30am on 15 August 2016.

3. The fact that Mr Van got the date of mediation/hearing wrong does not constitute a reopening ground in the absence of any other mitigating factor i.e. medical condition. It may be unfortunate for Mr Van that he made a mistake, but that is not a reasonable excuse. Nor is it the case that new evidence not available on 15 August 2016 has since come to light.

4. The fact that Mr Van quoted an incorrect mediation date in email correspondence to the applicant some weeks prior to mediation does not give rise to any obligation to acquiesce in or in any way be bound by that mistake i.e. having to accept that the initiating application ought be reopened.

5. Additionally, though not essential to this application, it is the case that the response filed by Mr Van on 9 June 2016 admits $10,000.00 of the original $15,000.00 loan is still owed. Other matters raised by Mr Van appear to be, at best, in the nature of a possible off-set, though possibly disconnected.

6. It is difficult to see then in all the above circumstances how Mr Van would, in any event, be prejudiced by the refusal to reopen.