Purkiss v Jonker Plant Hire Pty Ltd

[2013] QCAT 740

CITATION: Purkiss v Jonker Plant Hire Pty Ltd [2013] QCAT 740

PARTIES:	Mr Steven Purkiss (Applicant)
v
Jonker Plant Hire Pty Ltd (Respondent)

APPLICATION NUMBER: MCDO2718-12

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: 26 February 2013

HEARD AT: Brisbane

DECISION OF: Adjudicator Buxton

DELIVERED ON: 26 February 2013

DELIVERED AT: Brisbane

ORDERS MADE:      1.    Application MCDO2718/12 is to be transferred to the Magistrate court (Brisbane Registry) to be heard and determined together.

CATCHWORDS: Minor civil disputes – transfer of claim

APPEARANCES and REPRESENTATION (if any):

The tribunal heard and determined this matter on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. Magistrates Court claim M9750 of 2012 was filed first in time.

2. The allegations in this claim arise from the same transaction and involve the same findings of fact as in the Magistrates Court claim.

3. This application in for damages for breach of contract and potentially involves an unliquidated claim.

4. It is desirable in the interest of justice that these issues be determined together. The Magistrates Court is the appropriate forum for that to occur.