Pedro v Richardson & Wrench

[2021] QCATA 140

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Pedro v Richardson & Wrench  [2021] QCATA 140

PARTIES:

JENNIFER PREDO

(applicant/appellant)

v

RICHARDSON & WRENCH

(respondents)

APPLICATION NO/S:

APL037-21

ORIGINATING APPLICATION NO/S:

MCDT499-20

MATTER TYPE:

Appeals

DELIVERED ON:

22 November 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:

The application for leave to appeal or appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – OTHER MATTERS – where the Appeal Tribunal made directions for the Applicant to establish that the application for leave to appeal or appeal was given to the Respondent – where the Applicant failed to comply with Appeal Tribunal Directions – where the application for leave to appeal or appeal was dismissed 

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 48

APPEARANCES & REPRESENTATION:

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. The applicant has sought reasons for the decision of the Appeal Tribunal made on 11 October 2021 that her application for leave to appeal or appeal be dismissed pursuant to s 48(1)(a) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) because of a failure to comply with the Appeal Tribunal’s Directions made on 26 July 2021.

2. On 26 February 2021, the applicant was directed to establish that the application for leave to appeal or appeal had been given to Richardson & Wrench in compliance with Rule 96 by filing an Affidavit of Service or a form of acknowledgment from each other party by 8 March 2021.

3. The applicant has not complied with that Direction despite an extension of time being granted to do so in Directions made on 24 March 2021 and 26 July 2021.

4. Direction number 2 of the Directions made on 26 July 2021 provides that the application for leave to appeal or appeal may be dismissed without further notice if the applicant fails to comply with the direction, made twice, to establish that the application for leave to appeal or appeal (and an application to stay the decision the subject of the appeal) has been given to the respondent in compliance with the Rules by filing an affidavit of service or from of acknowledgement from the respondent.

5. No affidavit of service has been filed in compliance with the Rules, nor has any form of acknowledgment been received from the respondent.

6. The only indication on the file that the applicant has attempted service of the application for leave to appeal or appeal is an email from the applicant to the Tribunal showing an email trail with two emails sent to [email protected] stating that appeal information is attached.

7. The email address is not the email address for the respondent given in the application for leave to appeal or appeal, being [email protected]. The email trail is not an affidavit of service or any form of acknowledgement from the respondent.

8. At no stage has the respondent given any indication at all to the Appeal Tribunal that it is aware of the proceedings, despite the Appeal Tribunal itself emailing Directions and the Stay decision to the address given for the respondent in the application for leave to appeal or appeal.

9. It is a matter for the applicant to ensure her documents are given to the respondent. The lack of any response at all from the respondent suggests that it has not been given the relevant documents.

10. For these reasons the application for leave to appeal or appeal was dismissed, as flagged to the applicant if there was non-compliance. The Appeal Tribunal proceeded under s 48 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). In particular, regard was had to the factors set out in s 48(2), including that because the applicant had been clearly directed what step was to be taken on three occasions and had been warned of the consequences of failing to do so, any lack of familiarity with the Tribunal’s practices and procedures was overcome. Based on the material filed by the applicant in the Appeal Tribunal, there is no indication that the applicant lacks any capacity to understand the Directions given.

11. For these reasons the application for leave to appeal or appeal is dismissed.