Reeve v Hamlyn

[2015] QCATA 133

CITATION:	Reeve v Hamlyn [2015] QCATA 133
PARTIES:	James Robert Reeve (Applicant/Appellant)
v
Timothy Hamlyn (Respondent)

APPLICATION NUMBER: APL200-15

MATTER TYPE: Appeals

HEARING DATE: 10 August 2015

HEARD AT: Brisbane

DECISION OF: Justice Carmody

DELIVERED ON: 7 September 2015

DELIVERED AT: Brisbane

ORDERS MADE:

THE TRIBUNAL ORDERS THAT:

1.    Extension of time within which to file an application for leave to appeal and appeal is refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – EXTENSION OF TIME – where the applicant and respondent entered into a contract for the supply of exercise equipment by the applicant to the respondent – where the exercise equipment was not fit for purpose – where the respondent filed an originating application against the applicant on the basis of an implied consumer warranty by the Australian Consumer Law – where the original decision-maker found in favour of the respondent and ordered the applicant to repay the respondent the contract price – where the applicant filed an application to reopen the decision of the Magistrate after the expiration of the prescribed time limit – where the Magistrate dismissed the application on the ground that it was an abuse of process – where the applicant subsequently filed an application for leave to appeal and appeal within 28 days of the refusal of the Magistrate to reopen the original proceedings – whether the time for filing an application for leave to appeal and appeal has expired – whether the applicant should be granted an extension of time – whether the applicant should be granted leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3, 61, 122, 127, 131, 138,

Benson v Ware [2012] QCATA 24
Crime and Misconduct Commission v Chapman [2011] QCATA 229
Danes & Anor v Sulman [2012] QCATA 91
Hunter Valley Developments Pty Ltd v The Honourable Barry Cohen, Minister for Home Affairs (1984) 3 FCR 344

In Blair v Harbrew Pty Ltd [2013] QCATA 19.

ML & VF v Department of Communities (Child Safety Services) [2010] QCATA 658

APPEARANCES:  

APPLICANT:  J Reeve for the applicant

RESPONDENT:  T Hamlyn for the respondent

REASONS FOR DECISION

1. The applicant, Mr James Reeve, filed an application for leave to appeal and appeal against the decision of Magistrate Schemioneck in relation to a minor civil dispute.  The applicant claims that the Magistrate erred by issuing judgment and orders against the applicant, as he was incorrectly nominated as the respondent in the original proceedings.

2. At the outset, I feel it necessary to mark my dissatisfaction and disapproval of the manner in which the applicant has conducted this litigation.  The Queensland Civil Administrative Tribunal is intended to be an efficient and informal forum providing access to justice for unsophisticated parties disencumbered of the procedural strictures governing ordinary civil litigation.  In this respect, it is designed to be the “people’s court” of Queensland and dispense practical justice to the parties. 

3. The applicant does not appear to have conducted these proceedings with utmost good faith, and…