Wight Wolf Property Management v Ranger

[2025] QCATA 11

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Wight Wolf Property Management & Anor v Ranger  [2025] QCATA 11

PARTIES:

WIGHT WOLF PROPERTY MANAGEMENT

(first applicant/appellant)

LOUISA GALAGHER

(second applicant/appellant)

v

TRACY RANGER

(respondent)

APPLICATION NO/S:

APL345-23

ORIGINATING APPLICATION NO/S:

MCDT341/23

MATTER TYPE:

Appeals

DELIVERED ON:

12 February 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Fitzpatrick

ORDERS:

1.       The order made on 20 September 2023 is set aside.

2.       The matter is remitted to the Tribunal below to be reconsidered by a different Adjudicator.

3.       Tracy Ranger must file in MCDT341/23 an amended claim against Wight Wolf Property Pty Ltd ACN 655136299 or other company carrying on business under the name Wight Wolf Property Management and must seek the leave of the Tribunal to proceed against the relevant company.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – LEAVE TO APPEAL – where judgment was entered against a non-existent entity as an error of law – whether r 15 of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (‘the Rules’) applies – whether the Tribunal has jurisdiction to proceed in the absence of compliance with r 16 of the Rules

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28(3), s 142(3)(a), s 146

Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 15, r 16(4)

Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388

McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577

Moreton Island Development Group v Smith Development Pty Ltd [2012] QCATA 15

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

Background

1. Louisa Galagher filed an application for leave to appeal or appeal a decision made in the minor civil disputes’ jurisdiction of the Tribunal on 20 September 2023.

2. In the Tribunal below Tracy Ranger sought recovery of moneys paid on her behalf by the Public Trustee of Queensland for food not consistent with her medical needs. That food was agreed to be provided to her as an incident of her tenancy and payment of rent which was calculated to include an amount for meals.

Who are the correct parties?

1. The Appeal Tribunal corrected the record in the appeal proceeding to include Wight Wolf Property Management as an applicant, which was a party to the proceeding below and was the purported entity against which judgment was given.

2. The decision the subject of the appeal is that Wight Wolf Property Management pay to Tracy Ranger the total sum of $3,360.00 within 30 days of the date of the order.

3. Wight Wolf Property Management is described as the trading name of the lessor, and also, questionably, as the agent, on the residential tenancy agreement entered on 12 January 2023, the subject of the dispute.

4. At the hearing below Ms Galagher described herself as a Director. Plainly she can only be a Director of…