Simon Saied Maboudi v Guy Wilson Faulkner

[2025] QCA 180

[2025] QCA 180

COURT OF APPEAL

MULLINS P

Appeal No 3168 of 2025
QCAT No 4312 of 2023

SIMON SAIED MABOUDI  Applicant

v

GUY WILSON FAULKNER  Respondent

BRISBANE

WEDNESDAY, 24 SEPTEMBER 2025

JUDGMENT

MULLINS P:  Adjudicator Mr LeMass determined that Dr Maboudi had to refund $1,430 to Mr Faulkner, which Mr Faulkner had paid to him for engineering services that Mr Faulkner said had not been provided within a reasonable time.  In addition, Mr Faulkner claimed the filing fee in QCAT of $153.70 and the service fee of $139.15.  That was shown in the application for minor civil dispute – minor debt as $1,722.86 in total.  Strictly speaking, it should have been $1,722.85, but that is irrelevant to this show cause hearing.

The decision of the Adjudicator was that Dr Maboudi pay Mr Faulkner $1,722.86 within 14 days of the order made on 2 October 2024. Dr Maboudi wishes to apply for leave to the Court of Appeal against the Adjudicator’s decision. Under section 142 of the Queensland Civil and Administrative Tribunal Act 2009, an appeal from the decision in a proceeding for a minor civil dispute is by leave to the appeal tribunal of QCAT. Even though the order made by the Adjudicator includes the filing fee and service fee for the application, that does not make the order of the Adjudicator a cost-amount decision made under section 107 of the QCAT Act that would fall within section 149(1) of the QCAT Act.

There is no jurisdiction in the Court of Appeal for Dr Maboudi to apply for leave to appeal against the Adjudicator’s decision.  His matter was listed today for him to show cause as to why his application should not be struck out for want of jurisdiction.  There is no way in which he can show cause.  The order that is made is the application for leave to appeal to the Court of Appeal is struck out for want of jurisdiction.