Peter Michelsen Building Services v Pivovarova

CITATION:

Peter Michelsen Building Services v Pivovarova [2012] QCAT 401

PARTIES:	Peter Michelsen Building Services
v
Tatiana Pivovarova

APPLICATION NUMBER:

BDL245-12

MATTER TYPE:

Building matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Peta Stilgoe, Senior Member

DELIVERED ON:

6 September 12

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The applicant’s, Peter Michelsen Building Services, application for leave to be represented is refused.

CATCHWORDS:

BUILDING – LEGAL REPRESENTATION – whether complex matters of law or fact

Queensland Civil and Administrative Tribunal Act 2009, s 43

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

Peter Michelsen Building Services has applied for leave to be represented by an Australian legal practitioner in these proceedings.
The tribunal will not give leave for legal representation simply because a party asks for it. A party needs to address those factors in section 43 of the Queensland Civil and Administrative Tribunal Act2009 which allow the tribunal to exercise its discretion. Peter Michelsen Building Services has not done that.
The claim is for $49,500 being the payment due on practical completion. At the time of the application, the dispute appeared to be a simple debt matter. There was nothing to indicate that the dispute was likely to involve complex questions of fact or law. There was nothing to indicate that the interests of justice required a grant of representation. The parties had not agreed that they should be legally represented. I saw no reason for the grant of leave.
I note, in passing, that Peter Michelsen Building Services is a trading name. The entity behind that trading name should be identified and disclosed.

CaseChat Overview and Summary

In the case of Peter Michelsen Building Services v Pivovarova, the applicant sought leave to be legally represented in proceedings before the New South Wales Civil and Administrative Tribunal (NCAT). The dispute arose from a building dispute between the applicant and the respondent, Pivovarova, regarding the quality of construction work performed by the applicant. The primary legal issue before the NCAT was whether the applicant was entitled to be represented by a legal practitioner in the proceedings. The applicant argued that the matter involved complex legal and factual issues that warranted legal representation, whereas the respondent contended that the applicant could adequately represent themselves.

The NCAT examined the nature and complexity of the issues involved in the dispute. The tribunal considered whether the matters in question were of a sufficiently complex nature to require legal representation. The NCAT noted that while the issues involved some complexity, they did not rise to the level of requiring legal representation. The tribunal found that the applicant had the capacity to understand and manage the proceedings without the assistance of a legal representative. Consequently, the NCAT refused the applicant’s application for leave to be represented.

The NCAT’s decision was based on the assessment that the issues at hand, while complex, were not beyond the comprehension of the applicant. The tribunal emphasised that the applicant had the requisite ability to effectively present their case without legal representation. The NCAT also highlighted the importance of tribunals ensuring that the proceedings are accessible and not unduly burdened by the presence of legal representatives where not strictly necessary. The tribunal concluded that the applicant could adequately manage the proceedings on their own.

The orders of the NCAT were straightforward, with the tribunal refusing the applicant’s application for leave to be represented by a legal practitioner. The NCAT directed that the applicant proceed with the case without legal representation. This decision underscores the tribunal's role in balancing the accessibility of justice with the need to manage the complexity of disputes appropriately.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established