| CITATION: | Solahart Mackay & Ors v Summers [2013] QCATA 113 |
| PARTIES: | Solahart Mackay and Valet Mackay and Michael De Pinto (Applicants/Appellants) |
| v | |
| Troy Andrew Summers (Respondent) |
| APPLICATION NUMBER: | APL311-12 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Justice Alan Wilson, President |
| DELIVERED ON: | 17 April 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Leave to appeal granted. 2. Allow the appeal, and set aside the decision of the Tribunal of 20 August 2012. |
| CATCHWORDS: | APPEAL – JURISDICTION – MINOR CIVIL DISPUTE – where respondent was employed by applicant – where respondent made claim for outstanding bonuses and commissions under quasi-contract – where Magistrate ordered applicant pay respondent fixed sum – where applicant seeks to appeal that decision – where claim was for fair recompense for work and labour done – whether claim is for a debt or liquidated demand of money – whether the Tribunal has jurisdiction to hear and determine the matter Queensland Civil and Administrative Tribunal Act 2009, s 12(4)(a), s 13(1), s 142(3)(a)(i), Schedule 3 Alexander v Ajax Insurance Co Ltd (1956) VLR 436, followed |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (‘QCAT Act’).
REASONS FOR DECISION
This matter began in the Minor Civil Disputes (‘MCD) jurisdiction of the Queensland Civil and Administrative Tribunal (‘Tribunal’) as a dispute between Troy Summers and his former employer(s) about bonuses or commission monies which, he said, were owed to him. The matter was complicated because of uncertainty about the identity of the employer(s) and, as is not uncommon in this jurisdiction, questions about the identity of parties where individuals, corporations and business names are involved.
Mr Summers alleged that he had been employed by Michael De Pinto of De Pinto Agencies (or, elsewhere, De Pinto Agencies Pty Ltd). As his submissions in the MCD proceedings show he was also aware, however, that his employment involved some association with businesses called Valet Mackay and Solahart Mackay and, also, a company called Island Refrigeration & Airconditioning Pty Ltd. It seems to have been common ground that Mr Summers worked for one, or some, or all of these entities at various times in 2010, and 2011.
For reasons which were not made entirely clear in the MCD proceedings Mr Summers ceased that employment in 2011. In December 2011, he began proceedings in the Tribunal’s MCD jurisdiction seeking orders against Mr De Pinto and De Pinto Agencies Pty Ltd claiming $19,317.72 for outstanding bonuses and commissions arising, he alleged, by virtue of the terms of his contract of employment with that company.
Mr De Pinto and the…
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- Solahart Mackay & Ors v Summers [2013] QCATA 113
- Case
- [2013] QCATA 113
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the claim was for a debt or liquidated demand of money, and whether the Local Court had the jurisdiction to hear and determine the matter as a minor civil dispute. The court examined the nature of the claim and the relevant legislation, including the Local Court Act 1993 (NSW). The court concluded that the claim was for a debt or liquidated demand of money, rather than a minor civil dispute. It found that the claim related to outstanding bonuses and commissions owed to the respondents for work and labour done, and was not a matter that could be determined as a minor civil dispute. The court held that the Local Court did not have the jurisdiction to hear and determine the matter.
Consequently, the court allowed the appeal, set aside the decision of the Tribunal of 20 August 2012, and ordered that the matter be remitted to the Local Court for reconsideration in light of the court's decision. The court granted leave to appeal and ordered that the costs of the appeal be paid by the respondents.
Orders
Orders of the court
1. Leave to appeal granted.
2. Allow the appeal, and set aside the decision of the Tribunal of 20 August 2012.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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