Robinson v Moyle

[2024] QCATA 95

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Robinson v Moyle  [2024] QCATA 95

PARTIES:

VERONICA JOY ROBINSON

(applicant/appellant)

v

KIM MOYLE

(respondent)

APPLICATION NO/S:

APL322-22

ORIGINATING APPLICATION NO/S:

Claim 25-22   Caloundra

MATTER TYPE:

Appeals

DELIVERED ON:

16 September 2024

HEARING DATE:

3 September 2024

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

ORDERS:

1.     Leave to appeal from the decision of the Tribunal on 18 October 2022 refused.

2.     Application for stay of the decision of the Tribunal of 18 October 2022 refused. 

3.     Decision of the Tribunal of 18 October 2022 confirmed. 

4.     Application of appellant for costs refused. 

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeals – minor civil dispute – whether to grant leave to appeal – decision at first instance on wrong basis – whether injustice to applicant for leave – leave refused  

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 142(3)(a)(i)

Owen v Menzies [2013] 2 Qd R 327

APPEARANCES & REPRESENTATION:
Applicant:	R Robinson (husband) for the appellant
Respondent:	Self-represented

REASONS FOR DECISION

1. This is an application for leave to appeal from the decision of a Member in a Minor Civil Dispute – Property damage caused by motor vehicle claim.[1]  On 22 April 2022 the respondent filed in the Tribunal a claim for $763.37 for damage caused to his motor vehicle as a result of a collision with a motor vehicle driven by the appellant.[2] On 18 October 2022 the Member, in an ex tempore decision, ordered the appellant to pay the respondent $320, for reason that she then gave.  On 31 October 2022 the appellant filed in the Tribunal an application for leave to appeal against that decision. 

   [1]The Member was a magistrate sitting as a Member of the Tribunal pursuant to the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“the QCAT Act”) s 171(2).

   [2]For my convenience I shall refer to Mrs Robinson as the appellant and to Mr Moyle as the respondent.

2. This is an example of a minor civil dispute, and as a result a party requires leave to appeal on any ground.[3]  As a general proposition, when leave to appeal to the Appeal Tribunal is required, it will be granted only where there is a reasonable argument that the decision was attended by error and an appeal is necessary to correct a substantial injustice caused by that error, or where the appeal raises a question of general importance upon which further argument and a decision of the Appeal Tribunal would be to the public advantage.[4] In deciding whether grounds for leave to appeal have been shown, it is relevant to consider that the proceeding was a minor civil dispute, and the obligation on the Tribunal was to make orders it considered to be fair and equitable to the parties to the proceeding in order to resolve the dispute: the QCAT Act s 13(1).[5] The Tribunal was also required to comply with the QCAT Act s 28 and s…