Sutton v Tang

[2015] QDC 191

DISTRICT COURT OF QUEENSLAND

CITATION:

Sutton v Tang & Anor [2015] QDC 191

PARTIES:

ALISON TAMMEKA SUTTON

(applicant/appellant)

v

NHUT TAN TANG

(first respondent)

&

THE MACL GROUP PTY LTD (ACN 108 121 544)

(second respondent)

FILE NO/S:

2395 of 2015

DIVISION:

Civil

PROCEEDING:

Application and Appeal

ORIGINATING COURT:

Magistrates Court, Brisbane

DELIVERED ON:

4 August 2015

DELIVERED AT:

Brisbane

HEARING DATE:

30 July 2015

JUDGE:

Reid DCJ

ORDER:

1.   Leave to appeal is granted.

2.   The appeal is allowed.

3.   In relation to the decision of the Magistrates Court of Queensland dated 20 May 2015:

a)   the following orders are set aside:

  (i)     that the proceedings be transferred to QCAT;

  (ii)     that both parties be legally represented before the tribunal;

  (iii)     that all parties are taken to have complied with the requirements of the QCAT Act.

b)   and in lieu thereof it is ordered that:

  (i)      the proceedings remain in the Magistrates Court jurisdiction;

  (ii)      the proceedings be transferred to the Brisbane Registry of the Magistrates Court and be set down for a one day hearing forthwith.

CATCHWORDS:

Application for leave to appeal – appeal from Magistrates Court – minor civil dispute – where proceedings were transferred to QCAT – where Magistrate ordered both parties be legally represented at QCAT – whether such order is to facilitate the transfer – whether consideration of parties’ legal costs is relevant to discretion to transfer matter to QCAT

CASES:

Ramzy v Body Corporate for GC3 CTS38396 & Anor [2012] QDC 397 – referred to

Wanstall v Burke [1925] St R Qld 295 – followed

LEGISLATION:

Magistrates Court Act 1921 (Qld) s 45

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 11, 43, 53, 100, 102

Queensland Civil and Administrative Tribunal Rules 2009 (Qld) r 83

COUNSEL:

M. de Waard for the applicant/appellant

SOLICITORS:

Mills Oakley Lawyers for the applicant/appellant

Introduction

1. In this matter the appellant seeks leave to appeal against the decision of the Magistrates Court made on 20 May 2015, by which it was ordered that:

1.          the proceeding be transferred to Queensland Civil and Administrative Tribunal (QCAT);

2.          both parties be legally represented before the tribunal; and

3.          all parties are taken to have complied with the requirements of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).

1. In the event that leave is given the applicant also seeks orders that the appeal be allowed and the decision of the Magistrates Court be set aside and in lieu thereof it be ordered that the proceeding remain in the Magistrates Court and be transferred to the Brisbane Registry of that court to be set down for a one day hearing forthwith.

1. For reasons that I shall hereafter set out it is my view that this is an appropriate case for granting leave to appeal and for allowing the appeal and making the orders sought.

1. I order:

1.          Leave to appeal be granted;

2.          The appeal be allowed; and

3.          In relation to the decision of…