Weiss v Jubi Pty Ltd

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Weiss v Jubi Pty Ltd [2019] QCATA 75

PARTIES:

PETER WEISS

(appellant)

v

JUBI PTY LTD

(respondent)

APPLICATION NO/S:

APL177-18

ORIGINATING APPLICATION NO/S:

MCDO209-18 Southport

MATTER TYPE:

Appeals

DELIVERED ON:

5 June 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

1.   Leave to appeal granted.

2.   The appeal is allowed.

3.   The decision made 26 June 2018 is set aside.

4.   The respondent must file a response to the applicant’s claim in matter MCDO209-18 Southport within 14 days of being given notice of the appeal decision and the reasons for decision.

5.   The appellant pay to the respondent costs of $194.10 within 14 days of being given notice of the appeal decision and the reasons for decision.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where the respondent engaged the appellant as a bus driver – where the respondent damaged a bus – where the respondent commenced proceedings to recover an insurance excess incurred under a contract of insurance for the bus – where the appellant failed to file a response to the minor civil dispute – minor debt application – where default judgment given against the appellant – where an application to set aside default judgment refused – where the appellant had an arguable defence to the claim – where no substantial delay involved in making the application to set aside – where the reasons for refusing the application to set aside did not disclose consideration of relevant usual factors

Cockrell v Mackey t/as Tablelands Premium Property [2014] QCATA 136

Garland and Anor v Butler McDermott Lawyers [2011] QCATA 151
Pickering v McArthur [2005] QCA 294

REPRESENTATION:
Applicant:	Self-represented
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. Mr Weiss answered an advertisement for a bus driver placed by Mr Myers, a director of the respondent company. He was engaged to drive but whilst driving a bus hired by the respondent for a particular job, he damaged it.

2. The bus was covered by insurance but there was an excess to pay. Mr Myers demanded Mr Weiss pay it. Mr Weiss refused. The respondent company sued

   
   

   Mr Weiss in the Tribunal for $2,200 which it said was the amount of the excess. The respondent also claimed the filing fee for the application.

3. A minor civil dispute – minor debt application was served on Mr Weiss but he failed to file a response as required within 28 days of service.

4. The respondent entered default judgement against him on 10 May 2016. Mr Weiss applied to the Tribunal to have the default decision set aside but that application was refused by an order made 26 June 2016.

5. He has now filed an application for leave to appeal that refusal.

6. Given this is an appeal from…