Cunningham v Elva Pty Ltd [2012] QCATA 83

CITATION: Cunningham v Elva Pty Ltd [2012] QCATA 83 PARTIES: Stephen Cunningham t/as Cairns Safety & Industrial Supplies (Applicant/Appellant) v Elva Pty Ltd (Respondent) APPLICATION NUMBER: APL298-11 MATTER TYPE: Appeals HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Richard Oliver, Senior Member DELIVERED ON: 22 May 2012 DELIVERED AT: Brisbane ORDERS MADE: 1. Leave to appeal is refused. CATCHWORDS: Minor Civil Dispute – no error demonstrated Queensland Civil and Administrative Tribunal Act 2009, s 142(3) 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] On 29 October 2010 the Tribunal made an order that the applicant pay to the respondent $2,750.00. That decision was at the conclusion of a carefully prepared set of written reasons after the hearing of the original application. [2] Subsequent to the receipt of the reasons the applicant wrote to the Tribunal seeking an order that the reasons be corrected because of an error in the calculations. It was contended that by reference to paragraphs 17 and 18 of the reasons the adjusted figure that the applicant was required to pay was $1,840.62 rather than $2,750.00. The file was -- 1 of 2 -- 2 referred to the decision maker to reconsider the figures but she was not satisfied that there was any error. [3] Subsequently, the applicant then appealed to the Appeal Tribunal. As this is an appeal from the minor civil disputes jurisdiction of the Tribunal, leave to appeal is necessary.1 [4] Both parties have filed submissions in the appeal. Mr Cunningham’s submissions follow the same pattern as the grounds of appeal. He contends that as the learned Adjudicator’s reasons only permit Elva from recovering the “unpaid balance of the agreed sum of $5,000 + GST ($2750.00)” rather than the amount in Elva’s invoice $6,329.39. If the latter applies he will have to pay an additional $829.39. [5] Reading the submissions and the reasons for the decision seems that the learned Adjudicator took these matters into account when determining that the only payment to be made by the applicant was $2,750.00. I cannot see that there has been any error on her part. [6] Leave to appeal will only be granted if there is a substantial injustice or there has been an error of law on the part of the decision maker. Clearly there has been no error of law and the facts do not demonstrate a substantial injustice. [7] Leave to appeal must be refused. 1 QCAT Act, s 142(3). -- 2 of 2 --