Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty v Horsey

[2018] QCATA 24

CITATION:

Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty v Horsey & Anor [2018] QCATA 24

PARTIES:

Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty
(Applicant)

v

Tracey-Leigh Horsey

(First Respondent)

Philip Mepstead

(Second Respondent)

APPLICATION NUMBER:

APL335-17

MATTER TYPE:

Appeal

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Howard

DELIVERED ON:

15 January 2018

DELIVERED AT:

Brisbane

DIRECTIONS MADE:

1.   The time for Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty to comply with Direction 1 of the Directions dated 31 October 2017 is extended to:

4:00pm on 31 January 2018.

2.   The time for Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty to comply with Direction 2 of the Directions dated 31 October 2017 is extended to:

4:00pm on 8 February 2018.

3.   The time for Tracey-Leigh Horsey and Phillip Mepstead to comply with Direction 3 of the Directions dated 31 October 2017 is extended to:

4:00pm 8 March 2018.

4.   Unless either party files an application for an oral hearing by 4:00pm on 15 March 2018, the application for leave to appeal and the appeal (if the application for leave to appeal is granted) will be determined on the papers.

5.   If Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty fail to comply with directions 1 and 2 of these directions, the application for leave to appeal and appeal may be dismissed without further notice to the parties.

CATCHWORDS:

PROCEDURE-PROCEDURAL DIRECTIONS- where party did not receive Tribunal’s earlier directions- where time for compliance extended

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 62(1)

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. Stuart Ross Realty Pty Ltd t/as Bremer Valley Realty (‘Stuart Ross Realty’) made a claim against Tracey-Leigh Horsey and Philip Mepstead. Tracey-Leigh Horsey was a former tenant of premises managed for the lessor by Stuart Ross Realty. The claim was made as a minor civil dispute (“MCD”) application. A Justices of the Peace Panel heard the MCD and made orders that Stuart Ross Realty pay to Tracey-Leigh Horsey the sum of $875.35 for refund of bond monies.

2. Stuart Ross Realty subsequently filed an application for leave to appeal or appeal of the decision. Directions were made, amongst other directions, for Stuart Ross Realty to provide proof of service of the application on Tracey-Leigh Horsey and Philip Mepstead by 10 November 2017, and for filing of its submissions on its application by 1 December 2017. Stuart Ross Realty did not comply with the Appeal Tribunal’s directions. 

3. However, on 11 January 2018, Stuart Ross Realty filed an application for an extension of time to comply with the directions. The application for extension of time states that Stuart Ross Realty did not receive the Appeal Tribunal’s directions dated 31 October 2017 and emailed to it on 2 November 2017. I considered that application and made further directions to extend the time for compliance.

4. Tracey-Leigh Horsey has now applied for reasons for my decision for making the directions extending the time for compliance with the earlier directions. Although I am not obliged to provide reasons for making a direction,[1] I briefly do so.

   [1]QCAT Act, s 122(4).

5. The tribunal may make a direction at any time in a proceeding to facilitate the speedy and fair conduct of the proceeding.[2]

   [2]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 62(1).

6. The Appeal Tribunal’s earlier directions were not received by Stuart Ross Realty. Therefore, Stuart Ross Realty had not complied with the directions made, because it was unaware of them.  In the circumstances, I was satisfied that the appropriate course to facilitate the timely and fair conduct of the proceeding, was to make directions to extend the time for Stuart Ross Realty to comply with the directions. I also considered it appropriate to extend time for Tracey-Leigh Horsey and Philip Mepstead to comply with the directions earlier made requiring them to take steps after Stuart Ross Realty had complied.

7. I made directions accordingly. Stuart Ross Realty must now file proof of service by 31 January 2018 and must file and serve its submissions in the appeal proceeding by 8 February 2018. The time for Tracey-Leigh Horsey and Philip Mepstead to file and serve their submissions in response is extended to 8 March 2018. 

8. Either party may apply for an oral hearing by 15 March 2018 of the application for leave to appeal (and if granted, the appeal), otherwise it will be heard on the papers without an oral hearing.

9. However, if Stuart Ross Realty fails to comply with the directions for the filing of documents, then the application for leave to appeal may be dismissed without further notice to the parties.