Witter v Karga
[2017] QCAT 465
•1 December 2017
CITATION: | Witter v Karga & Anor [2017] QCAT 465 |
PARTIES: | Elise Jane Witter |
| v | |
| Karga Pty Ltd | |
APPLICATION NUMBER: | MCDO177/17 |
MATTER TYPE: | Other minor civil dispute matters |
HEARING DATE: | 1 December 2017 |
HEARD AT: | Brisbane |
DECISION OF: | S. T. Hardin, JP |
DELIVERED ON: | 1 December 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | The Respondent’s Application to have her name Hailey Rivera removed from the Order of the Tribunal dated 20 June 2017 is refused. |
CATCHWORDS: | ESTOPPEL – ESTOPPEL BY JUDGMENT – RES JUDICATA OR CAUSE OF ACTION ESTOPPEL – multiple applications where failure to lodge appeal |
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
By Order dated 18 April 2017 of Bruce Starkey JP the Respondent Hailey Rivera was added as a party. There was no appeal of that Order.
The Respondent, Karga Pty Ltd trades as Jenson Property and in correspondence advised that it had made payments of moneys received from the Applicant, Elise Jane Witter for water charges to the “owners” of the rental property. The Respondent Hailey Rivera became an owner of the property and it is not clear whether or not she came into some of the moneys collected by the Agents. It is appropriate that the Respondent Haily Rivera be present at the hearing of the matter.
The Respondent Hailey Rivera filed a Form 40, Application for Directions on 27 October 2017 where she sought, inter alia, that her name be removed as a Party yet at the same time “Provide me with any documents and evidence related to this dispute”. Thus she appears to want to be treated as a participating party to the dispute.
By Order of Dr. A. J. Collier JP, dated 20 June 2017 the Respondents, Karga Pty Ltd, And Hailey Rivera were ordered to pay the Applicant the sum of $693.63 with in 21 Days. There was no Appeal from that Order.
Thus the issues have been tried and adjudicated upon more than once.
0
0
0