Sherwell v Bowlen

[2016] QCAT 377

CITATION:

Sherwell v Bowlen [2016] QCAT 377

PARTIES:

Julie-Anne Sherwell
(Applicant)

v

Michelle Mary Bowlen

(Respondent)

APPLICATION NUMBER:

MCDO1532-15

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

26 September 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   Application for reopening by the Respondent is refused.

CATCHWORDS:

Mediation agreement – non-payment in accord with agreement – monetary decision – substitution application post-decision – inadequate reason to change decision

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Here there was a mediation agreement between the existing applicant, Julie Sherwell, and the existing respondent Michelle Bowlen to pay $17,105.00 by instalments of $50.00 per week (mediation agreement dated 14 October 2015).

2. The mediation agreement was not complied with. That resulted in a monetary decision against Ms Bowlen for $15,655.00 (some instalments under the mediation agreement had been paid).

3. The respondent, Ms Bowlen, now seeks for herself to be removed as respondent and another person, Raymond Sherwell – Ms Bowlen’s partner, to be inserted as respondent post-decision. The existing respondent Ms Bowlen is not competent to do that. Her response to the initiating application contradicts her latter day stance.

4. Mr Sherwell’s statutory declaration suggesting primary responsibility is made well after the mediation agreement, and as such is not even relevant. He could have made his assertions before, or at the time of mediation, or sought to be made a respondent then. He did not.

5. There is no case for substitution here.