Napper v Gee

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Napper v Gee [2024] QCAT 146

PARTIES:

JANELLE NAPPER

(applicant)

v

CAMERON GEE

(first respondent)

MIA DOWLING

(second respondent)

APPLICATION NO/S:

Bundaberg Claim 70/23

MATTER TYPE:

Other minor civil dispute matters

DELIVERED ON:

4 April 2024

HEARING DATE:

13 March 2024

HEARD AT:

Bundaberg

DECISION OF:

Janelle (Payne) Boegheim, Acting Magistrate (Ordinary Member) - delivered from Mackay

ORDERS:

Pursuant to s 47 of the Queensland Civil and Administrative Tribunal Act 2009:

The Application is struck out for lack of jurisdiction

 CATCHWORDS:

TRIBUNALS: Jurisdiction - minor debt claim, concurrent interests - co-ownership, severance of joint tenancy, liquidated or unliquidated damages

Queensland Civil and Administrative Tribunal Act 2009 (Qld),s 12, 13,47, 47

Property Law Act 1974 (Qld), s 38

Environmental Systems Pty Ltd v Peerless Pty Ltd [2008] VSCA 26
Sauer v Nuheara Ltd [2023] QCATA 155

REASONS FOR DECISION

1. As the Appeal Tribunal has observed, here is a fundamental obligation on any court or tribunal to satisfy itself as to jurisdiction when being asked to quell controversies that come before it”.[1]

   [1]Penfold v Firkin & Balvius [2023] QCATA 11.

2. The first return date of this matter was on 13 March 2024, the parties having been notified of the same by the (Bundaberg) registry on 12 February 2024. All three parties appeared in person. At that mention, I queried with the parties whether the Tribunal had jurisdiction. After enquiring of the Applicant the nature of the claim that she was seeking to make and receiving oral submissions, I indicated I would consider the matter and deliver written reasons to assist. This is that decision.

The Application for minor civil dispute filed 6 December 2023

1. The Applicant is the First Respondent’s mother. The Second Respondent is engaged to the First Respondent and the mother of the Applicant’s grandchild. The Applicant and the Respondents are estranged, with other proceedings and orders between them.

2. On 6 December 2023, the Applicant filed an Application for minor civil dispute - minor debt. The Application as filed seeks $65,490, including a deposit ($10,000), Stamp Duty ($48,000), improvements (solar - $5,490 and toilet $1,200) and repairs ($800).

3. On 8 January 2024, the Respondents filed a response.

4. The basis of the Application arises from co-ownership of property at 61 Russell Street, Maryborough (the Property). Although a title search was not before the Tribunal, it is not in issue that the Applicant co-owns the property and has been excluded from living in it, by the Respondents.

5. The Applicant primarily seeks recovery of money she allegedly paid towards the purchase of the Property. The Applicant alleges financial hardship, including an inability to qualify for rental and other forms of government assistance as she has an interest in real property. Amongst other things, the Application petitions:

   “I am also asking if you could please state that the house needs to be sold as soon as possible and that all excess funds after the mortgage andfees are paid, are given back to me so as I…