Simons & Ors v Dowd Lawyers Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Simons & Ors v Dowd Lawyers Pty Ltd [2020] QCAT 348

PARTIES:

ADAM MARK SIMONS

(first applicant)

FIX CONSULTANTS PTY LTD

(second applicant)

SPIEL GROUP PTY LTD

(third applicant)

v

DOWD LAWYERS PTY LTD

(respondent)

APPLICATION NO/S:

OCL047-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

24 September 2020

HEARING DATE:

10 August 2020

HEARD AT:

Brisbane

DECISION OF:

Hon Peter Lyons QC, Judicial Member

ORDERS:

1. The respondent’s application to strike out the proceeding under s 47 of the QCATAct is dismissed.

2. The respondent’s application, so far as it seeks to strike out the proceeding under s 48 of the QCAT Act, is dismissed.

3.   The respondent is to file and serve its submissions on its application for costs within 7 days of the publication of these reasons to the parties.

4.   The applicants are to file and serve their submissions in response within 14 days of the publication of these reasons to the parties.

5.   The respondent is to file and serve any submissions in reply within 21 days of the publication of these reasons to the parties.

6.   There is liberty to apply.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL – SUMMARY JUDGMENT FOR DEFENDANT OR RESPONDENT: STAY OR DISMISSAL OF PROCEEDINGS – where the applicants brought an application to set aside a costs agreement under s 328 of the Legal Profession Act 2007 (Qld) – where the applicants have sought several extensions of time to file submissions and material, and have sought a number of adjournments of the final hearing of the matter – where the applicants have also demonstrated continued non-compliance with directions of the Tribunal – where the explanations given include the first applicant being affected by a family tragedy, receiving a positive COVID-19 diagnosis, and being affected by mental health issues – where the respondent has applied to strike out the application under ss 47 and 48 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) – whether the application is frivolous, vexatious or misconceived, or lacking in substance, such as to strike it out under s 47 – whether the applicants’ conduct has unnecessarily disadvantaged the respondent – whether there is a reasonable excuse for such conduct – whether an order should be made striking out the application under s 48

Legal Profession Act 2007 (Qld) s 315, s 316, s 328, s 337, s 340

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 47, s 48, s 60

Uniform Civil Procedure Rules 1999 (Qld) r 292, r 293

Agar v Hyde (2000) 201 CLR 552

Deputy Commissioner of Taxation v Salcedo [2005] 2 Qd R 232
Irvine and Porter v Mermaids Café and Bar Pty Ltd [2010] QCAT 393
McNamara Business & Property Law v Kasmeridis & Anor [2007] SASC 90

Re Stuart, ex parte Cathcart [1893] 2 QB 201

APPEARANCES & REPRESENTATION:
First and Second Applicants:	J Ireland QC, instructed…