Waterson v Wallader

Case [2022] QCAT 175


QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Waterson v Wallader & Anor [2022] QCAT 175

PARTIES:

VICKI MAE DORA WATERSON

(applicant)

V

WILLIAM DAVID WALLADER

(first respondent)

AND

JILL MARGARET WALLADER

(second respondent)

APPLICATION NO/S:

MCDQ06-22

MATTER TYPE:

Other minor civil dispute matters

DELIVERED ON:

12 April 2022

HEARING DATE:

5 April 2022

HEARD AT:

Pine Rivers

DECISION OF:

Adjudicator Lember

ORDERS:

By 6 May 2022 the Respondents must pay the Applicant the sum of $25,922.45 comprising:

(a)     Claim of $25,000.00; plus

(b)     Filing fee of $358.00; plus

(c)   Interest of $564.45.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor debt – liquidated demand – jurisdiction of the tribunal – where money given by one party to another party to hold – where a failure to return money - whether cause of action in contract or restitution or on the basis of a trust

Federal Circuit and Family Court of Australia (Family Law) Rules, r 6.01, r 6.04

Income Tax Assessment Act 1997 (Cth), s 4.10
Property Law Act 1974 (Qld), s 11
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 13, s 28, s 60, s 102, schedule 3

Social Security (Administration) Act 1999 (Cth), s 66A

Anderson v McPherson (No 2) [2012] WASC 19

Australia and New Zealand Banking Group Ltd v Westpac Banking Corporation (1988) 164 CLR 662
Australian Financial Services and Leasing Pty Ltd v Hills [2014] HCA 14; 307 ALR 512
Australian Woollen Mills Pty Ltd v Commonwealth (1954) 93 CLR 546
Balfour v Balfour [1919] 2 KB 571
Bradshaw v Whitcombe [2017] QCATA 132
Briginshaw v Briginshaw (1938) 60 CLR 336
Cohen v Cohen (1929) 42 CLR 9
Commissioner of State Revenue (Vict) v Royal Insurance Australia Ltd (1994) 182 CLR 51
Currie v Misa (1875) LR 10 Ex 153; (1875-76) LR 1 App Cas 554
David Securities Pty Ltd v Commonwealth Bank (1992) 66 ALJR 768
Davis v Gray [2018] QCATA 147
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847
Dyer v Dyer [1788] EWHC J8; (1788) 2 Cox 92 (30 ER 42)
Errington v Errington Woods [1952] 1 KB 290
Financial Advisers Australia v Mooney [2016] QCATA 181
Gollan v Nugent [1988] HCA 59; (1988) 166 CLR 18
Hardy v Motor Insurers’ Bureau [1964] 2 QB 745
Harrigan v Brown [1967] 1 NSW 342
Kavurma v Karakurt (Unreported, Supreme Court of New South Wales, Santow J, 7 November 1994).
Merritt v Merritt [1970] 1 WLR 1211
Moses v Macferlan (1760) 2 Burr 1005; 97 ER 676
Nelson v Nelson (1995) 184 CLR 538
Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221
Re Morris (deceased) [1943] NSWStRp 43; (1943) 43 SR (NSW) 352
Ritson v Ryan [2021] QCATA 10
Robb Evans of Robb Evans & Associates v European Bank Limited [2004] NSWCA 82; (2004) 61 NSWLR 75
Simpkins v Pays [1955] 1 WLR 975
Slade v Morley (1602) 4 Co Rep 92b;

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Waterson v Wallader [2022] QCAT 175
Case
[2022] QCAT 175
Decision Date

CaseChat Overview and Summary

In Waterson v Wallader, the Queensland Civil and Administrative Tribunal (QCAT) was asked to determine whether the applicant's parents were holding $25,000 of her money in trust. The money had been paid to the respondents by the applicant, who was terminally ill, in order to be kept safe. The respondents argued that they were holding the money on trust for the applicant and refused to return it to her. The applicant brought proceedings to recover the money. The legal issues were whether the money was held on trust for the applicant, and if so, whether the applicant's conduct or the nature of the transaction prevented her from recovering the money. The court found that the money was held on trust for the applicant and that there was no basis to deny her recovery of the money. The court ordered the respondents to pay the applicant the sum of $25,922.45, comprising the claim of $25,000.00, a filing fee of $358.00, and interest of $564.45.

Orders

Orders of the court

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Background

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Evidence

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Decision

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Ratio Decidendi

Legal Principle Established

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