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Kennedy v Australis Motor Yachts Pty Ltd[2016] QCAT 200

Kennedy v Australis Motor Yachts Pty Ltd[2016] QCAT 200

CITATION:

Kennedy v Australis Motor Yachts Pty Ltd

& Flanagan [2016] QCAT 200

PARTIES:

William Kennedy

Isabella Kennedy

(Applicants)

 

v

 

Australis Motor Yachts Pty Ltd

Brett Flanagan

(Respondents)

APPLICATION NUMBER:

MCDO2676-15

MATTER TYPE:

Other minor civil dispute matters

HEARING DATE:

29 April 2016

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Anna Walsh

DELIVERED ON:

31 May 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

  1. Application to John Brett Flanagan as a Respondent in the Application granted.
  2. Application for Mr Flanagan to be legally represented granted.
  3. Application to be listed for hearing.

CATCHWORDS:

Other minor civil dispute matters

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 42

APPEARANCES:

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

REASONS FOR DECISION

  1. [1]
    On 4 December 2015 the Applicants, Mr and Mrs Kennedy filed an Application for minor civil dispute – minor debt in respect of defects to a motor vessel they purchased in April 2014.
  2. [2]
    On 30 March 2016, the Kennedys filed a Miscellaneous Application to join Brett Flanagan as a Respondent to the claim.
  3. [3]
    I considered the Application and amongst other orders joined Mr Flanagan as a party to the proceedings.
  4. [4]
    Mr Flanagan has now requested reasons for the decision to join him as a Respondent.
  5. [5]
    In their application Mr and Mrs Kennedy say they should have included Mr Flanagan as a party to the proceedings from the outset and their legal counsel has advised he be joined.
  6. [6]
    Mr Flanagan, in submissions prepared by his lawyers, opposed the Application on the basis that he was a director of Australis Motor Yachts and had never acted in a personal capacity in relation to any transactions with the Applicants.
  7. [7]
    Section 42 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) says;
  1. (1)
    The tribunal may make an order joining a person as a party to a proceeding if the tribunal considers that—
  1. (a)
    the person should be bound by or have the benefit of a decision of the tribunal in the proceeding; or
  1. (b)
    the person’s interests may be affected by the proceeding; or
  1. (c)
    for another reason, it is desirable that the person be joined as a party to the proceeding.
  1. (2)
    The tribunal may make an order under subsection (1) on the application of a person or on its own initiative.
  1. [8]
    The tribunal has a wide discretion as to joinder. Mr Flanagan says he is a director/ employee of Australis Motor Yachts Pty Ltd. The Kennedy’s allege he is personally liable to them. There is no issue of limitation in the proceedings.
  2. [9]
    In my view, it is just and convenient to join Mr Flanagan as a party to the proceedings so the Tribunal can determine all matters in dispute between the parties.
  3. [10]
    Whether ultimately the Kennedys can establish liability on the part of Mr Flanagan is an issue for determination at a later date.
Close

Editorial Notes

  • Published Case Name:

    Kennedy v Australis Motor Yachts Pty Ltd & Flanagan

  • Shortened Case Name:

    Kennedy v Australis Motor Yachts Pty Ltd

  • MNC:

    [2016] QCAT 200

  • Court:

    QCAT

  • Judge(s):

    Adjudicator Walsh

  • Date:

    31 May 2016

Appeal Status

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

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