Valentine v Emmetlow Pty Ltd

[2010] QCAT 71

CITATION: Valentine v Emmetlow Pty Ltd [2010] QCAT 71

PARTIES: Trevor Valentine

V

Emmetlow Pty Ltd

APPLICATION NUMBER:            OCL004-09

MATTER TYPE:    Other Civil Dispute Matters

HEARING DATE:   16 March 2010

HEARD AT:   Brisbane – On the Papers

DECISION OF:   Julie Ford

DELIVERED ON:   16 March 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   The application seeking leave to be represented by an agent or an advocate is not granted.

CATCHWORDS:  leave by advocate to represent applicant; complexity, manufactured homes dispute.

APPEARANCES and REPRESENTATION (if any):

Applicant:  Nil
Respondent:            Nil

REASONS FOR DECISION

I am not satisfied that Mr Valentine requires representation at the compulsory conference. The intention of such a conference is to clarify the issues in dispute and to promote a settlement of the dispute.

While I accept that Mr Valentine may be elderly and have hearing problems, the tribunal will conduct the matter in a manner to ensure natural justice. The matter will be held in private and give Mr Valentine the opportunity to put his case in no-adversarial process.

The other party objects to the application and will not be represented at the compulsory conference. Submissions have been made alleging that the propose representative may obstruct the dispute resolution process and not remain focussed on the substantive issues.

I am satisfied that the issue in dispute is not a complex question of fact or law.

Therefore, the application seeking leave to be represented by an agent or advocate is not granted.