Wasshausen v Rizzo

[2020] QCATA 61

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Wasshausen v Rizzo [2020] QCATA 61

PARTIES:

JURGEN WASSHAUSEN

(appellant)             

v

ANDREW RIZZO

(respondent)

APPLICATION NO/S:

APL245-19

ORIGINATING APPLICATION NO/S:

MCDQ66/19

MATTER TYPE:

Appeals

DELIVERED ON:

27 April 2020

HEARING DATE:

22 April 2020

HEARD AT:

Brisbane

DECISION OF:

Member Hughes

ORDERS:

1. Jurgen Wasshausen is taken to have made an application for the proceeding to be reopened under section 138 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

2. Jurgen Wasshausen is taken not to have made an application or appeal under section 143 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

3.   The matter is referred to the Tribunal to decide whether the proceeding should be reopened.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – where appellant did not attend original hearing – where appellant did not raise any error but was effectively seeking reopening on grounds that he had reasonable excuse for not attending – where Appeal Tribunal may refer matter to Tribunal to decide whether proceeding should be reopened – whether reopening ground – whether reasonable excuse for not attending hearing  

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 4, s 28, s 138, s 143, s 143A, Schedule 3

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APPEARANCES &

REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

1. Jurgen Wasshausen did not attend the hearing of his Application for minor civil dispute – consumer dispute against Andrew Rizzo on 8 August 2019. Consequently, the learned Adjudicator dismissed his claim.

2. Although Mr Wasshausen has appealed that decision, it is clear that he has not raised any error by the learned Adjudicator. Rather, he is effectively seeking a reopening on the grounds that he had a reasonable excuse for not attending: that the Registry informed him that he was not required to attend.

3. Because of this, the matter should be referred to the Tribunal to decide whether the proceeding should be reopened.[1] The Appeal Tribunal notes that Mr Wasshausen will need to establish to the Tribunal a ‘reopening ground’ – a reasonable excuse for not attending the hearing or that significant new evidence has arisen since the proceeding was first heard and decided.[2]

   [1]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 143A.

   [2]Ibid, s 138(1), Schedule 3 (definition of…