Mendies v Commissioner of Police

[2010] QCAT 232

CITATION: Mendies v Commissioner of Police & Anor [2010] QCAT 232

PARTIES:	Terence Michael Mendies (Applicant)
v
The Commissioner of Police (First Respondent) and Christopher Sean Smith (Second Respondent)

APPLICATION NUMBER:   174/10

MATTER TYPE: Other minor civil disputes matters

HEARING DATE:     Hearing on the Papers

HEARD AT:  Brisbane 

DECISION OF: Judge Kingham

DELIVERED ON: 1 June 2010

DELIVERED AT:      Brisbane

ORDERS MADE: The application is transferred to the Magistrates Court at Brisbane.

CATCHWORDS : 

JURISDICTION , application for compensation as a result of damage to property, whether QCAT has jurisdiction to hear the claim, whether the application should be dismissed or transferred

Police Powers and Responsibilities Act 2000 s804,
Queensland Civil and Administrative Tribunal Act 2009 s12(4)

REASONS FOR DECISION

1. The proceedings relate to damage alleged to have been sustained to the applicant’s computer whilst in the Respondents’ custody pursuant to a warrant. The claim was brought in the tribunal as a minor civil dispute. Mediation of the dispute did not result in settlement.

2. The respondents argue the claim is not a minor civil dispute because it does not fall within the definition of that jurisdiction. (Queensland Civil and Administrative Act 2009 s12(4)). They requested it is either dismissed or transferred to the Magistrates Court.

3. The decision is one that must be made by a judicial member and was properly referred to me, for a decision on the papers, by the adjudicator who was, otherwise, to hear the matter. (QCAT Act s52(7))

4. The right to compensation for property damaged by police is conferred by s804 of the Police Powers and Responsibilities Act 2000 (PPRA). It provides for the Minister to decide the amount of compensation. A person dissatisfied with the Minister’s decision may apply to a court to determine what compensation, if any, should be paid.

5. The definition of court in schedule 6 of the PPRA would not seem to include the tribunal:

   “court includes anyone conducting a committal proceeding.”

6. In any case, the dispute does not fall within the definition of a minor civil dispute in the QCAT Act:

   minor civil dispute—
   1 Minor civil dispute means—
   (a) a claim to recover a debt or liquidated demand of money, with or without interest, of up to the prescribed amount; or
   (b) a claim arising out of a contract between a consumer and trader, or a contract between 2 or more traders, that is—

   (i) for payment of money of a value not more than the prescribed amount; or

   (ii) for relief from payment of money of a value not more than the prescribed amount; or

   (iii)for performance of work of a value not more than the prescribed amount to rectify a defect in goods supplied or services provided; or

   (iv) for return of goods of a value not more than the prescribed amount; or

   (v) for a combination of any 2 or more claims mentioned in subparagraphs (i) to (iv) where the total value of the combined claim is not more than the prescribed amount; or

   (c) a claim for an amount of not more than the prescribed amount for damage to property caused by, or arising out of the use of, a vehicle; or
   (d) a claim for repair of a defect in a motor vehicle under the Property Agents and Motor Dealers Act; or
   (e) a tenancy matter; or
   (f) a claim that is the subject of a dispute under the Dividing Fences Act 1953 and is for an amount not more than the prescribed amount.
   2 However, if an enabling Act confers jurisdiction on the tribunal to deal with a claim (however called) within the meaning of paragraph 1(a), the claim is not a minor civil dispute unless the enabling Act expressly states it is a minor civil dispute. (QCAT Act sch 3)

7. There is no other provision in either the QCAT Act or the PPRA which appears to confer jurisdiction on the tribunal for this claim.

8. The Respondents requested the tribunal to dismiss the claim. The better course is for it to be transferred to a court which does have jurisdiction so it may be dealt with on the merits.

9. The application is transferred to the Magistrates Court at Brisbane.