Wight v Ali

[2023] QCATA 28

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Wight v Ali [2023] QCATA 28

PARTIES:

AARON WIGHT

(applicant/appellant)

v

MOHAMMAD ALI

(respondent)

APPLICATION NO/S:

APL291-21

ORIGINATING APPLICATION NO/S:

MCD1023/20

MATTER TYPE:

Appeals

DELIVERED ON:

22 March 2023

HEARING DATE:

17 March 2023

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

1.     The application by Aaron Wight to put fresh evidence before the Appeal Tribunal is refused.

2.     Leave to appeal is refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – leave to appeal – minor civil dispute – whether fresh evidence should be admitted – whether any reasonably arguable grounds of appeal

Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404

Davidson v J S Gilbert Fabrications Pty Ltd [1986] 1 Qd R 1
Dimond v Lovell [2002] 1 AC 384

Kerr v Paku and Anor [2011] QCATA 157 at [7]

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented

REASONS FOR DECISION

1. On 7 September 2021, an adjudicator ordered Mr Wight to pay Mr Ali the sum of $8,000 within 14 days.

2. Mr Wight has applied for leave to appeal that decision.

3. When the application for leave to appeal was called on for hearing before me, only Mr Wight appeared.  Mr Ali was contacted by telephone, and indicated that he did not wish to participate in the hearing.  Accordingly, the hearing proceeded in Mr Ali’s absence.

The proceedings before the adjudicator

1. On 25 August 2020, Mr Ali filed an application for a minor civil dispute.  He claimed repair costs for damage to his vehicle in the amount of $10,419.12.  He claimed that his vehicle was damaged in a collision with Mr Wight’s vehicle, and that Mr Wight was at fault.

2. Mr Ali provided quotes for repairs from:

   (a)Tom Tom Auto Repairs dated 7 March 2019, in the amount of $10,419.12; and

   (b)Excel Body Works dated 7 March 2019, in the amount of $15,212.42.

3. During the original hearing, Mr Ali advised that he proceeded with the quote from Tom Tom Auto Repairs, but did not have a receipt for the amount paid.  Mr Ali further advised that he could not get a receipt as Tom Tom Auto Repairs had closed down.  In response, Mr Wight stated:[1]

   So first I want to say that I spoke to Tom Tom Auto as early as yesterday.  So I can confirm they’re operational.  And I actually inquired about any work that was carried out on the Toyota HiAce …  The person I spoke to seemed to recollect the car, but didn’t think there was any work carried out and could not find work carried out on the system.

   [1]Transcript page 12, lines 38-45.

4. The matter was stood down by the adjudicator to enable Mr Ali to contact Tom Tom Auto Repairs with a view to obtaining a receipt.  Mr Ali subsequently stated:[2]

   I – I called the – the number and the owner said that I’m a new owner and the owner took over this business from January to March 2020.  And…