Vivad Pty Ltd v Goodhew
[2010] QCAT 650
•20 December 2010
| CITATION: | Vivad Pty Ltd v Goodhew [2010] QCAT 650 |
| PARTIES: | Vivad Pty Ltd |
| v | |
| Mr Ross Goodhew |
| APPLICATION NUMBER: | RSL075-10 |
| MATTER TYPE: | Retail shop leases matters |
| HEARING DATE: | 20 December 2010 |
| HEARD AT: | Brisbane (on the papers) |
| DECISION OF: | Ms Anne Forbes |
| DELIVERED ON: | 20 December 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: |
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| CATCHWORDS : |
APPEARANCES and REPRESENTATION (if any):
On the papers
REASONS FOR DECISION
A Member to whom this matter has been referred considers that there is a question of jurisdiction that should be resolved before the parties embark on the expense of preparing for a trial upon the merits.
Accordingly, each party is invited to file written submissions upon this point: Does the Tribunal have jurisdiction to hear and determine this matter under the Retail Shop Leases Act 1994?
Without seeking to fetter the parties in making any submissions they choose to make, their attention is directed to the following definitions in the Schedule to the Act - retail tenancy dispute, retail shop lease, and retail tenancy dispute, as well as the list of “Businesses, goods and services” set out in the Schedule to the Retail Shop Leases Regulation 2006.
In the event that the Tribunal does not have jurisdiction, the question of a transfer to a court may arise: see section 52 of the Queensland Civil and Administrative Tribunal Act 2009. Submissions on that contingent issue are also invited. It may be noted that the monetary jurisdiction of the Magistrates’ Court was recently and substantially increased: see section 98 of the Civil and Criminal Jurisdiction Reform and Modernisation Act 2010.
DIRECTIONS
Submissions on the matter of jurisdiction, if any, on behalf of the Applicant Vivad Pty Ltd are to be served on the Respondent and delivered to the Registrar on or before 4 pm on Monday 7 February 2011.
Any submissions in reply by the Respondent are to be served on the Applicant and delivered to the Registrar on or before 4 pm on Monday 21 February 2011.
The matter of jurisdiction shall be determined on the papers after 25 February 2011.
The directions made on 10 December 2011 are stayed pending the determination of jurisdiction.
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