Wylie v Neal

[2013] QCAT 166

CITATION: Wylie v Neal [2013] QCAT 166

PARTIES:	Lynette Wylie (Applicant)
v
Mike Neal t/as The White Knights for Justice Pty Ltd (Respondent)

APPLICATION NUMBER: MCDO236-12

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Peta Stilgoe, Senior Member

DELIVERED ON: 17 April 2013

DELIVERED AT: Brisbane

ORDERS MADE:     

1.    The respondent’s application for reopening is granted.

2.    The order made on 14 January 2013 is suspended until a further order is made.

3.    The matter is listed for hearing on the next available date.

CATCHWORDS:

MINOR CIVIL DISPUTE – APPLICATION TO REOPEN – where respondent filed medical certificate that principal was unable to attend hearing – where adjournment of hearing refused – whether reopening grounds exist

Queensland Civil and Administrative Tribunal Act2009, s139

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. Ms Wylie paid Mr Neal $3,000 so that he would help her with a legal problem. She is not satisfied that she received value for money so she filed a claim in the minor civil disputes jurisdiction of the Tribunal.

2. The dispute was listed for hearing in Beenleigh on 14 January 2013. Mr Neal produced a medical certificate stating he was not fit to attend the hearing that day and asked for an adjournment.  The learned Adjudicator decided the request for adjournment at the hearing, and refused it. As his medical certificate foreshadowed, Mr Neal did not attend that hearing.

3. Mr Neal wants to reopen the proceeding. The Tribunal may reopen a proceeding if a party did not appear at the hearing and had a reasonable excuse for not attending.

4. Here, the Tribunal knew that Mr Neal was not going to attend the hearing. He provided a medical certificate. There is nothing on the file to suggest that the certificate was false or that Mr Neal could attend the hearing.

5. Mr Neal should have the opportunity to be present at the hearing of this dispute. The application for reopening is granted, the original decision is stayed and the dispute is listed for hearing at the earliest available date.