Wright v Milne - [2019] QCATA 53

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Wright v Milne [2019] QCATA 53

PARTIES:

ERIN EDITH PATRICIA WRIGHT
(appellant)

v

DAVID MILNE

(respondent)

APPLICATION NO/S:

APL046-19

ORIGINATING APPLICATION NO/S:

MCDQ184/17 (Beenleigh)

MATTER TYPE:

Appeals

DELIVERED ON:

Date of orders 1 April 2019

Reasons delivered on 17 April 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Browne

ORDERS:

1.   The time for David Milne to comply with Direction 7 of the directions dated 11 March 2019 is extended to by 4:00pm on 25 March 2019.

2.   Unless otherwise ordered, the application to stay the decision dated 13 February 2019 in Minor Civil Dispute claim numbered Q184/17 is granted subject to the following:

(a)   Erin Edith Patricia Wright must within seven (7) days from the date of this order pay the amount of $22,761 into the Trust Account for Gall Standfield and Smith Solicitors of Level 5, 91 Scarborough Street, Southport, Queensland.

(b)   The amount of $22, 761 is to be held in trust until the determination of the application for leave to appeal or appeal.

(c)    If Erin Edith Patricia Wright fails to pay the amount of $22,761 as ordered in paragraph 2(a) above, the application to stay a decision in Minor Civil Dispute claim number Q184/17 may be refused without further notice to the parties.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PRIOCEEDONGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSLA – where application for a stay of an order made in the minor civil disputes jurisdiction – whether stay should be granted – where the original decision awarded money to the respondent – whether balance of convenience favours the granting of a stay – whether the appeal will be rendered nugatory if stay granted – whether stay should be granted

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 145

Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685
Barker v Lavery (1885) 14 QB 769
Berry v Green [1999] QCA 213

JC Scott Constructions v Mermaid Waters Tavern Pty Ltd (No 1) [1983] 2 Qd R 243

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

Erin Wright has filed an application for leave to appeal or appeal a decision made by an Adjudicator sitting in the minor civil disputes jurisdiction. Relevantly, the Tribunal ordered on 13 February 2019 in MCDQ184/17 that Ms Wright pay to David Milne the sum of $22,761.00 within seven days.[1]
[1]MCD044/19 and MCDQ184/17 were consolidated by order of the Tribunal dated 24 January 2019 concerning an application for minor debt filed by Atlas House Removers, Building Recyclers, Restumpers, Demolishers and Earthmovers against David Milne on 14 January 2019 in MCD044/19 and in MCDQ184/17 concerning a request for decision by default filed by David Milne against Erin Wright on 8 February 2018.
It is non-contentious that the minor civil dispute proceeding relates…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Wright v Milne

Details

AGLC: Wright v Milne [2019] QCATA 53
Case: [2019] QCATA 53
Decision Date: 17 April 2019

CaseChat Overview and Summary

In the case of Wright v Milne, the appellant, Erin Edith Patricia Wright, sought a stay of a decision made in the minor civil dispute jurisdiction of the Queensland Magistrates Court. The decision in question awarded money to the respondent, David Milne. The appeal centred on whether the balance of convenience favoured the granting of a stay and whether the appeal would be rendered nugatory if a stay were granted. Wright argued that the balance of convenience favoured a stay, while Milne opposed the stay on the grounds that the appeal would be rendered nugatory if granted.

The court considered the general principles applicable to the grant or refusal of a stay of proceedings. It examined the balance of convenience and the potential for the appeal to be rendered nugatory if the stay were granted. The court found that the balance of convenience did favour granting a stay, given the significant financial implications for Wright if the decision were to be enforced immediately. Additionally, the court concluded that the appeal would not be rendered nugatory if a stay were granted, as the appeal could still be heard and determined on its merits.

Accordingly, the court granted the application for a stay subject to certain conditions. Wright was required to pay the awarded amount into trust within seven days, and the money would be held until the determination of the appeal or application for leave to appeal. Failure to comply with the payment condition would result in the stay being refused without further notice to the parties.

The court also extended the time for David Milne to comply with Direction 7 of the directions dated 11 March 2019 to 4:00pm on 25 March 2019, unless otherwise ordered.

Orders

Orders of the court

1. The time for David Milne to comply with Direction 7 of the directions dated 11 March 2019 is extended to by 4:00pm on 25 March 2019.

2. Unless otherwise ordered, the application to stay the decision dated 13 February 2019 in Minor Civil Dispute claim numbered Q184/17 is granted subject to the following:

(a) Erin Edith Patricia Wright must within seven (7) days from the date of this order pay the amount of $22,761 into the Trust Account for Gall Standfield and Smith Solicitors of Level 5, 91 Scarborough Street, Southport, Queensland.

(b) The amount of $22, 761 is to be held in trust until the determination of the application for leave to appeal or appeal.

(c) If Erin Edith Patricia Wright fails to pay the amount of $22,761 as ordered in paragraph 2(a) above, the application to stay a decision in Minor Civil Dispute claim number Q184/17 may be refused without further notice to the parties.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Wright v Milne [2019] QCATA 53
PARTIES:	ERIN EDITH PATRICIA WRIGHT (appellant)
v
DAVID MILNE (respondent)
APPLICATION NO/S:	APL046-19
ORIGINATING APPLICATION NO/S:	MCDQ184/17 (Beenleigh)
MATTER TYPE:	Appeals
DELIVERED ON:	Date of orders 1 April 2019 Reasons delivered on 17 April 2019
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Member Browne
ORDERS:	1. The time for David Milne to comply with Direction 7 of the directions dated 11 March 2019 is extended to by 4:00pm on 25 March 2019. 2. Unless otherwise ordered, the application to stay the decision dated 13 February 2019 in Minor Civil Dispute claim numbered Q184/17 is granted subject to the following: (a) Erin Edith Patricia Wright must within seven (7) days from the date of this order pay the amount of $22,761 into the Trust Account for Gall Standfield and Smith Solicitors of Level 5, 91 Scarborough Street, Southport, Queensland. (b) The amount of $22, 761 is to be held in trust until the determination of the application for leave to appeal or appeal. (c) If Erin Edith Patricia Wright fails to pay the amount of $22,761 as ordered in paragraph 2(a) above, the application to stay a decision in Minor Civil Dispute claim number Q184/17 may be refused without further notice to the parties.
CATCHWORDS:	APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PRIOCEEDONGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSLA – where application for a stay of an order made in the minor civil disputes jurisdiction – whether stay should be granted – where the original decision awarded money to the respondent – whether balance of convenience favours the granting of a stay – whether the appeal will be rendered nugatory if stay granted – whether stay should be granted Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 145 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Barker v Lavery (1885) 14 QB 769 Berry v Green [1999] QCA 213 JC Scott Constructions v Mermaid Waters Tavern Pty Ltd (No 1) [1983] 2 Qd R 243
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).