Boyers v Coward [2013] QCAT 86

CITATION: Boyers v Coward [2013] QCAT 86 PARTIES: Jasmine Ida Boyers v Ryan Glynn Coward APPLICATION NUMBER: MCDO2173-11 MATTER TYPE: Other minor civil dispute matters HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Peta Stilgoe, Senior Member DELIVERED ON: 21 February 2013 DELIVERED AT: Brisbane ORDERS MADE: 1. The application for the production of a thing is dismissed. CATCHWORDS: MINOR CIVIL DISPUTE – where settlement agreement – where application not re-list for a hearing – where application refused – where application for production of a thing – where “thing” was amount due under settlement APPEARANCES and REPRESENTATION (if any): The tribunal heard and determined this matter on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). REASONS FOR DECISION [1] Ms Boyers and Mr Coward, driving separate cars, were involved in a car accident. Ms Boyers applied to the Tribunal for an order that Mr Coward pay the cost of the damage to her car. [2] Sensibly, the parties settled the dispute at mediation. The agreement provided that Mr Coward would pay Ms Boyers by instalments. They agreed that, if either party defaulted under the agreement, the other could apply for an order to give effect to the settlement. [3] Mr Coward did default. Ms Boyers applied for an order that Mr Coward pay her the balance. An Adjudicator dismissed her application. -- 1 of 2 -- 2 [4] Ms Boyers then applied for an order that Mr Coward produce a thing, namely $4,628.00, the same amount as she had claimed in her earlier application. [5] Ms Boyers wants to enforce the settlement agreement by forcing Mr Coward to produce the settlement sum to the Tribunal. The Tribunal has no enforcement powers and it cannot acquire those powers by the artificial means of an application to produce. -- 2 of 2 --