Total Driver Pty Ltd v Hedley - [2020] QCATA 81

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Total Driver Pty Ltd & Anor v Hedley [2020] QCATA 81

PARTIES:
TOTAL DRIVER PTY LTD

and

GENE CORBETT

(appellants)

v

DONNA HEDLEY

(respondent)

APPLICATION NO/S:

APL225-19

ORIGINATING APPLICATION NO/S:

MCDO 4/19 (Coolangatta)

MATTER TYPE:

Appeals

DELIVERED ON:

26 May 2020

HEARING DATE:

29 April 2020

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:
1.   The Appeal Tribunal’s record is amended to show the name of the first appellant as Total Driver Pty Ltd.

2.   The application made on 17 March 2020 by Total Driver Pty Ltd and Gene Corbett to put fresh evidence before the Appeal Tribunal is refused, however Gene Corbett’s affidavit made on 20 August 2019 is admitted in evidence by the Appeal Tribunal.

3.   Leave to appeal is refused. This means that the appeal fails.

CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – where a party did not appear at the hearing but applied for an adjournment of the hearing on medical grounds – where this was refused by the Adjudicator at the hearing – where the party then unsuccessfully applied to reopen the proceeding – where section 139(5) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) provides that a decision on a reopening application is final and cannot be appealed against – whether it is fatal to this appeal

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – where the decision by an Adjudicator to refuse an adjournment applied for on medical grounds is challenged on appeal – where evidence in support of the appeal is totally unconvincing – whether the Adjudicator made the correct decision – whether any reasonably arguable grounds of appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 57, s 93, s 139

Balemi v Ingles [2020] QCATA 58

Burns v James [2010] QCATA 101
Freemantle v Jenwen Pty Ltd t/a LJ Hooker Jimboomba [2013] QCATA 67

Todd v Downing [2011] QCATA 74

APPEARANCES & REPRESENTATION:

Appellant:

Self-represented but assisted by Benjamin O’Brien of Whitehead Crowther Lawyers

Respondent:

Self-represented but assisted by Ian Martin of Gold Coast Community Legal Centre

REASONS FOR DECISION

This is an appeal brought by Total Driver Pty Ltd and Gene Corbett against a decision made by an Adjudicator in favour of Donna Hedley when hearing a minor civil dispute.
Ms Hedley claimed $5,236 plus the filing fee from Total Driver and Gene Corbett. She claimed that she had done certain work for them and had not been paid for that work. She brought the claim on Form 3 (application where minor debt claim) and submitted numerous documents in support. In a formal written response, Mr Corbett filed numerous documents in reply.
The matter came before an Adjudicator for hearing on 17 April 2019. On that day the Adjudicator was not satisfied with the clarity of Ms Hedley’s claim and directed that within 14 days, she deliver to Mr Corbett a spreadsheet detailing all works she…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] QCATA 81
Decision Date: 26 May 2020

CaseChat Overview and Summary

Total Driver Pty Ltd, along with Gene Corbett, appealed against the decision of the Adjudicator who had refused their application for an adjournment on medical grounds. The matter was ultimately considered by the Appeal Tribunal of the Queensland Civil and Administrative Tribunal. The Tribunal found that the appeal was unsuccessful and refused the applicants leave to appeal. The applicants sought to amend the Tribunal's record to reflect the correct name of one of the appellants, Total Driver Pty Ltd, and also sought to have fresh evidence admitted before the Tribunal. This evidence was an affidavit made by Gene Corbett, dated 20 August 2019. The Tribunal refused to amend the record to show the correct name of the appellant and also refused to admit the fresh evidence, but did admit the 20 August 2019 affidavit by Gene Corbett in evidence.

The principal legal issue in this appeal was whether the Adjudicator had made an error in refusing the adjournment application on medical grounds. The applicants argued that the Adjudicator had erred in his decision and that there were reasonably arguable grounds for an appeal. The applicants also argued that the refusal to reopen the proceeding was not a bar to the appeal. The Appeal Tribunal found that the evidence put forward in support of the appeal was unconvincing and that the Adjudicator had not erred in his decision to refuse the adjournment application.

The Appeal Tribunal held that the refusal to reopen the proceeding was a final decision and could not be appealed against. The Tribunal found that the decision to refuse the adjournment application was correct and that there were no reasonably arguable grounds for an appeal. The Tribunal also held that the failure to reopen the proceeding did not prevent the appeal from proceeding. The Tribunal refused the applicants leave to appeal and dismissed the appeal. The Tribunal did, however, amend its record to show the correct name of the appellant and admitted the 20 August 2019 affidavit by Gene Corbett in evidence.

Orders

Orders of the court

1. The Appeal Tribunal’s record is amended to show the name of the first appellant as Total Driver Pty Ltd.

2. The application made on 17 March 2020 by Total Driver Pty Ltd and Gene Corbett to put fresh evidence before the Appeal Tribunal is refused, however Gene Corbett’s affidavit made on 20 August 2019 is admitted in evidence by the Appeal Tribunal.

3. Leave to appeal is refused. This means that the appeal fails.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Total Driver Pty Ltd & Anor v Hedley [2020] QCATA 81
PARTIES:	TOTAL DRIVER PTY LTD and GENE CORBETT
(appellants)
v
DONNA HEDLEY
(respondent)
APPLICATION NO/S:	APL225-19
ORIGINATING APPLICATION NO/S:	MCDO 4/19 (Coolangatta)
MATTER TYPE:	Appeals
DELIVERED ON:	26 May 2020
HEARING DATE:	29 April 2020
HEARD AT:	Brisbane
DECISION OF:	Member Gordon
ORDERS:	1. The Appeal Tribunal’s record is amended to show the name of the first appellant as Total Driver Pty Ltd. 2. The application made on 17 March 2020 by Total Driver Pty Ltd and Gene Corbett to put fresh evidence before the Appeal Tribunal is refused, however Gene Corbett’s affidavit made on 20 August 2019 is admitted in evidence by the Appeal Tribunal. 3. Leave to appeal is refused. This means that the appeal fails.
CATCHWORDS:	APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – where a party did not appear at the hearing but applied for an adjournment of the hearing on medical grounds – where this was refused by the Adjudicator at the hearing – where the party then unsuccessfully applied to reopen the proceeding – where section 139(5) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) provides that a decision on a reopening application is final and cannot be appealed against – whether it is fatal to this appeal APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – where the decision by an Adjudicator to refuse an adjournment applied for on medical grounds is challenged on appeal – where evidence in support of the appeal is totally unconvincing – whether the Adjudicator made the correct decision – whether any reasonably arguable grounds of appeal Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 57, s 93, s 139 Balemi v Ingles [2020] QCATA 58 Burns v James [2010] QCATA 101 Freemantle v Jenwen Pty Ltd t/a LJ Hooker Jimboomba [2013] QCATA 67 Todd v Downing [2011] QCATA 74
APPEARANCES & REPRESENTATION:
Appellant:	Self-represented but assisted by Benjamin O’Brien of Whitehead Crowther Lawyers
Respondent:	Self-represented but assisted by Ian Martin of Gold Coast Community Legal Centre