Varsity Electrical Pty Ltd v SEQ Electronics and Entrance Systems Pty Ltd ATF SEQ Electronics Trust

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Varsity Electrical Pty Ltd v SEQ Electronics and Entrance Systems Pty Ltd ATF SEQ Electronics Trust [2020] QCATA 136

PARTIES:

VARSITY ELECTRICAL PTY LTD

(applicant/appellant)

v

SEQ ELECTRONICS AND ENTRANCE SYSTEMS PTY LTD ATF SEQ ELECTRONICS TRUST

(respondent)

APPLICATION NO/S:

APL323-19

ORIGINATING APPLICATION NO/S:

MCDO 51300-19 Southport

MATTER TYPE:

Appeals

DELIVERED ON:

21 September 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Application for leave to appeal refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – where the applicant brought minor debt proceedings to recover money due for work done – where the minor debt application was served at the registered office of the respondent corporation noted in ASIC records – where the company’s registered address had changed without the change being advised to ASIC – where a default decision was entered on failure to file a response – where the respondent to the minor debt claim applied to set aside the default decision – where the application to set aside was refused – where the respondent appealed the refusal

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 142(3)(a)(i)

Cook v D A Manufacturing Co Pty Ltd [2004] QCA 52

Pickering v McArthur [2005] QCA 294

REPRESENTATION:
Applicant:	Self-represented by S McCormick
Respondent:	Self-represented
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The applicant (‘Varsity’) engaged the respondent (‘SEQ’) to provide electronic entry systems at a property and were subsequently charged for the work done and also for travelling time for a worker.

2. The charges totalled $13,564.

3. Varsity refused to pay. SEQ commenced proceedings in the Tribunal to recover that sum as a minor debt due and owing.

4. SEQ served Varsity with the minor debt application by post to the registered office of Varsity.

5. Varsity paid $2,305.19 but did not pay the balance.

6. Varsity failed to file a response to the claim within the 28 days allowed.

7. SEQ obtained default judgment for the balance outstanding of $11,259.47 plus allowable costs on 30 October 2019.

8. On 4 November 2019 Varsity applied to set aside the default decision. That application came before an Adjudicator for determination on 11 November 2019. The Adjudicator refused the application.

9. Varsity seeks leave to appeal that decision.

10. Given this is an appeal from a decision made in the Tribunal’s minor civil dispute jurisdiction, leave to appeal must first be obtained. If leave is granted then the appeal may proceed.[1] 

    [1]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 142(3)(a)(i).

11. Leave to appeal will usually only be granted where an appeal is necessary to correct a substantial injustice to the appellant and where there is a reasonable argument that there is an error to be corrected.[2] 

    [2]Pickering v McArthur [2005] QCA 294.

12. Varsity seeks to appeal on the basis it was not…