Wilson v Dunne

[2016] QCAT 376

CITATION:

Wilson v Dunne [2016] QCAT 376

PARTIES:

Steven Daniel Wilson
(Applicant)

v

Samuel J Dunne

(Respondent)

APPLICATION NUMBER:

MCDO966-16

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Bertelsen

DELIVERED ON:

23 September 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    Application for reopening is refused.

CATCHWORDS:

Criminal offence – conviction recorded – restitution – quantum of loss not a consumer claim pursuant to Australian consumer law

Competition and Consumer Act 2010 (Cth), Schedule 2 - Australian Consumer Law
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 12

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. This is not a consumer debt. It is a claim arising out of a criminal offence – stealing, in respect of which a charge was laid and a conviction recorded.

2. Simply because no restitution order was made by the convicting Magistrate, that does not mean that the quantum of the loss suffered by the applicant somehow becomes – morphs into a consumer claim or debt pursuant to s 12 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

3. The quantum of loss arose out of theft, not out of a consumer transaction as articulated in the Australian Consumer Law.