Peter Michelsen Building Services v Pivovarova

[2012] QCAT 401

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

1. Peter Michelsen Building Services has applied for leave to be represented by an Australian legal practitioner in these proceedings. 

2. 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.

3. 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.

4. I note, in passing, that Peter Michelsen Building Services is a trading name.  The entity behind that trading name should be identified and disclosed.