Pearce v Rummery

[2022] QCATA 16

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Pearce v Rummery [2022] QCATA 16

PARTIES:

CATHERINE PEARCE

(applicant/appellant)

v

JUSTIN RUMMERY

(respondent)

APPLICATION NO/S:

APL355-20

ORIGINATING APPLICATION NO/S:

Q60/20 Caloundra

MATTER TYPE:

Appeals

DELIVERED ON:

10 February 2022

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

ORDERS:

1.     Application for leave to appeal dismissed unless, within 28 days of this decision, the appellant files and serves on the respondent an application for leave to rely on additional evidence on appeal, supported by an affidavit by her personally, setting out the additional evidence on which she seeks to rely on appeal, and explaining why it was not put before the Tribunal in support of the application to set aside the default decision.

2.     If such an application is filed and served within that time, the respondent may file and serve any additional submissions or material in response within twenty-one days after he was served with the application and supporting evidence, and the application for leave to appeal and the application for leave to rely on additional evidence on appeal will be determined by the Appeal Tribunal on the papers on a date to be fixed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – default decision – application to set aside – absence of evidence in support of defence – application for leave to appeal – submissions seeking to rely on evidence no before Tribunal without application for leave – breach of Tribunal directions – application dismissed unless affidavit evidence filed

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 12(3), s 13, s 28, s 29, s 142(3)(a)(i), s 147(2).

APPEARANCES & REPRESENTATION:

Applicant:

Armstrong Legal

Respondent:

Self-represented

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

1. On 15 June 2020 the respondent filed in the Caloundra registry an application for a minor civil dispute – minor debt, claiming $25,000 together with interest and costs, as repayment of money lent to the appellant.[1] On 14 August 2020, a delegate of the Principal Registrar signed a default decision in relation to the claim, requiring the appellant to pay the respondent $29,114, being the amount claimed plus costs of $440.80 and interest of $3,672.20. The appellant applied to have this decision set aside, but on 21 September 2020 a Member[2] dismissed that application. The appellant now seeks leave to appeal from that decision.

   [1]I shall refer to Ms Pearce as the appellant and to Mr Rummery as the respondent.

   [2]A Magistrate sitting as a Member under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“the QCAT Act”) s 171(2).

2. Because this matter was a minor civil dispute, leave is required to appeal to the Appeal Tribunal.[3] As a general proposition, when leave to appeal to the Appeal Tribunal is required, it will be granted only where there is a reasonable argument that the…