Queensland Judgments
Authorised Reports & Unreported Judgments
  • sclq logo
  1. Caselaw
  2. QCAT
  3. 2015
  4. The Sabin Family Trust t/as Word Dynamics v Active Accounting Software t/as Books-R-US - [2015] QCAT 249

Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

The Sabin Family Trust t/as Word Dynamics v Active Accounting Software t/as Books-R-US[2015] QCAT 249

The Sabin Family Trust t/as Word Dynamics v Active Accounting Software t/as Books-R-US[2015] QCAT 249

CITATION:

The Sabin Family Trust t/as Word Dynamics v Active Accounting Software t/as Books-R-US [2015] QCAT 249

PARTIES:

The Sabin Family Trust t/as Word Dynamics

(Applicant)

 

v

 

Active Accounting Software t/as Books-R-US

(Respondent)

APPLICATION NUMBER:

MCDO2617-14

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

23 March 2015 and on the papers

HEARD AT:

Brisbane 

DECISION OF:

DELIVERED ON:

Adjudicator Gordon

23 March 2015

DELIVERED AT:

Brisbane 

ORDERS MADE: 

CATCHWORDS: 

Application to change the name of the Respondent is refused.

Minor civil dispute

APPEARANCES and REPRESENTATION (if any):

The tribunal heard and determined this matter on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

  1. [1]
    On 17 December 2014 a default decision was entered against Active Accounting Solutions t/as Books-R-US which was ordered to pay $736.13 to The Sabin Family Trust.
  2. [2]
    By an application on Form 55 (application to set aside or amend a default decision) received by QCAT on 5 March 2015 The Sabin Family Trust applied for an order to amend that default decision so that it was made against Active Accounting Solutions Pty Ltd t/as Books-R-US.
  3. [3]
    On 23 March 2015 this application to amend was refused.
  4. [4]
    The Sabin Family Trust now ask for reasons why the application to amend was refused.
  5. [5]
    The reason why the application to amend was refused was because when it started the claim The Sabin Family Trust gave the name of the Respondent as “Active Accounting Solutions t/as Books-R-US”.
  6. [6]
    There are only three realistic possibilities here.  The first is that Active Accounting Solutions t/as Books-R-US is a different legal entity from Active Accounting Solutions Pty Ltd.  If this applies then the default decision should not have been made in the first place because the wrong legal entity was served with the proceedings, and it would be unfair to Active Accounting Solutions Pty Ltd to face a default decision in a claim which had been served upon it but which it was not a party to.
  7. [7]
    The other possibility is that Active Accounting Solutions t/as Books-R-US is not a legal entity at all.  For example, it might simply be an unregistered trading name.  If this is correct then it should not have been named as Respondent to the claim in the first place.  Claims can only be brought against legal entities.
  8. [8]
    A third possibility is that Active Accounting Solutions t/as Books-R-US is a registered trading name.  If so, it might (at the time when the debt was established) be the trading name of Active Accounting Solutions Pty Ltd or some other legal entity.
  9. [9]
    It is impossible to say which of these possibilities apply, and if the third possibility applies, whether Active Accounting Solutions t/as Books-R-US is the registered trading name of Active Accounting Solutions Pty Ltd, without an ASIC search which The Sabin Family Trust have not provided.
Close

Editorial Notes

  • Published Case Name:

    The Sabin Family Trust t/as Word Dynamics v Active Accounting Software t/as Books-R-US

  • Shortened Case Name:

    The Sabin Family Trust t/as Word Dynamics v Active Accounting Software t/as Books-R-US

  • MNC:

    [2015] QCAT 249

  • Court:

    QCAT

  • Judge(s):

    Adjudicator Gordon

  • Date:

    23 Mar 2015

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Financial Advisers Australia v Mooney [2016] QCATA 1811 citation
1

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.