QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Property Management Virtual Assistant Pty Ltd v DC Electrical Pty Ltd [2021] QCAT 340
PARTIES: PROPERTY MANAGEMENT VIRTUAL ASSISTANT PTY LTD (applicant)
v
DC ELECTRICAL PTY LTD (respondent)
APPLICATION NO:
MCDO000444-20
MATTER TYPE:
Other minor civil dispute matters
DELIVERED ON:
28 September 2021
HEARING DATE:
23 September 2021
HEARD AT:
Brisbane
DECISION OF:
Adjudicator Lember
ORDERS:
1. The respondent’s name is amended to “DC Electrical Pty Ltd”.
2. The respondent is to pay the applicant the sum of $1,742.40 by 31 October 2021.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil dispute – claim for debt or liquidated demand of money – whether terms sent by a link were incorporated into a contract
Competition and Consumer Act 2010 (Cth), Sch 2
Fair Trading Act 1999 (Qld)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3(b), s 13, s 102, Sch 3
ACCC v Chrisco Hampers Australia Limited [2015] FCA 1204
ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224
ACCC v Servcorp Limited [2018] FCA 1044
Australian Woollen Mills Pty Ltd v Commonwealth (1955) 93 CLR 546
Balmain New Ferry Co Ltd v Robertson (1906) 4 CLR 379
Causer v Browne [1952] VLR 1
Hawkins v Clayton (1988) 164 CLR 539
Interfoto Pictures v Stiletto Visual Programs (1989) QB 433
Marcel v Cactus Towing Pty Ltd [2016] QCAT 532
Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197Sanctuary Cove Golf and Country Club Pty Ltd (ACN 120 308 410) v Machon [2019] QCATA 1
APPEARANCES & REPRESENTATION:
Applicant:
Self-represented
Respondent:
Self-represented
REASONS FOR DECISION
What is the case about?
The applicant (“PMVA”) provides a service for the outsourcing, running and management of real estate property management businesses. The respondent runs a large team of electricians servicing, among others, the rental property maintenance industry.
From 11 December 2018 the respondent engaged PMVA to provide virtual assistance for the respondent’s business for an initial term of twelve months, and on an ongoing basis after that initial term expired. The parties are in dispute as to what the terms of the ongoing engagement were, but, in any event, on 31 March 2020, the respondent sought to terminate the arrangement on the giving of thirty days’ notice.
By an application for a minor civil dispute – minor debt filed 20 April 2020, the applicant seeks an order that the respondent pay the applicant the sum of $24,768, being the early termination fee provided for in clause 15.1 of the contract relied upon by the applicant.
In its response filed 10 May 2020, the respondent club seeks that the application be dismissed, among other reasons, because:
(a)the contract did not include an early termination fee clause; or
(b)if the contract did include that term, the term is an unfair term and unenforceable.
As a minor administrative matter, I amend the respondent’s name to “DC Electrical Pty Ltd” as the “Pty Ltd” was omitted from…
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- Case
- [2021] QCAT 340
- Decision Date
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