Wight Wolf Property Management v Ranger
[2025] QCATA 11
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- Unreported Judgment
- Wight Wolf Property Management v Ranger[2025] QCATA 11
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Wight Wolf Property Management v Ranger[2025] QCATA 11
Wight Wolf Property Management v Ranger[2025] QCATA 11
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
CITATION: | Wight Wolf Property Management & Anor v Ranger [2025] QCATA 11 |
PARTIES: | Wight Wolf Property Management (first applicant/appellant) lOUISA GALAGHER (second applicant/appellant) v tRACY rANGER (respondent) |
APPLICATION NO/S: | APL345-23 |
ORIGINATING APPLICATION NO/S: | MCDT341/23 |
MATTER TYPE: | Appeals |
DELIVERED ON: | 12 February 2025 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Senior Member Fitzpatrick |
ORDERS: |
|
CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL – LEAVE TO APPEAL – where judgment was entered against a non-existent entity as an error of law – whether r 15 of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (‘the Rules’) applies – whether the Tribunal has jurisdiction to proceed in the absence of compliance with r 16 of the Rules Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28(3), s 142(3)(a), s 146 Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 15, r 16(4) Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388 McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577 Moreton Island Development Group v Smith Development Pty Ltd [2012] QCATA 15 |
APPEARANCES & REPRESENTATION: | This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld) |
REASONS FOR DECISION
Background
- [1]Louisa Galagher filed an application for leave to appeal or appeal a decision made in the minor civil disputes’ jurisdiction of the Tribunal on 20 September 2023.
- [2]In the Tribunal below Tracy Ranger sought recovery of moneys paid on her behalf by the Public Trustee of Queensland for food not consistent with her medical needs. That food was agreed to be provided to her as an incident of her tenancy and payment of rent which was calculated to include an amount for meals.
Who are the correct parties?
- [3]The Appeal Tribunal corrected the record in the appeal proceeding to include Wight Wolf Property Management as an applicant, which was a party to the proceeding below and was the purported entity against which judgment was given.
- [4]The decision the subject of the appeal is that Wight Wolf Property Management pay to Tracy Ranger the total sum of $3,360.00 within 30 days of the date of the order.
- [5]Wight Wolf Property Management is described as the trading name of the lessor, and also, questionably, as the agent, on the residential tenancy agreement entered on 12 January 2023, the subject of the dispute.
- [6]At the hearing below Ms Galagher described herself as a Director. Plainly she can only be a Director of a corporation, but she did not state the name of the corporation. I note a letter from the Residential Tenancies Authority dated 10 July 2023 refers to an unresolved dispute with Wight Wolf Property Pty Ltd. That company is not a party to these proceedings. Other material on the Tribunal file refers to Ms Galagher as a Director of Park View Property Management. It is not known what entity stands behind that business name or its relevance to the dispute.
- [7]Clarifying the status of Wight Wolf Property Management and identifying any other entity involved in providing goods and services to Ms Ranger could have avoided the difficulties now confronted.
Wight Wolf Property Management is not a registered business name
- [8]I have conducted an Australian Business Name search[1] and note that there is no registered business name for Wight Wolf Property Management. An ABN Look up search reveals that the ABN status of the entity Wight Wolf Property Pty Ltd was cancelled on 11 August 2022. Wight Wolf Property Pty Ltd ACN 655 136 299 remains a registered corporation.
- [9]It appears that judgment was entered against a non-existent entity. As to that latter point it is possible under r 15 of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (‘QCAT Rules’), that an order made against an unregistered business name may be enforced against the person in fact carrying on business under that name. However, that outcome is subject to r 16 of the QCAT Rules.
Non-compliance with Rule 16 of the QCAT Rules
- [10]Rule 16 provides that if a proceeding is commenced against a person in relation to a business carried on by the person in a particular name and the name is not registered on the Business Name Register, the applicant must as soon as practicable take all reasonable steps to find out the name of the persons carrying on the business under the name in question.
- [11]The applicant must also, as far as practicable, amend documents that have been or are to be filed in the proceeding so the proceeding is continued against a named respondent and not in the name under which the business was carried on.
- [12]Importantly, by r 16(4), until the amendments are made, the applicant must not take a step in the proceeding, unless the applicant has the Tribunal’s leave. Notice of the amendments must be given to each party and any person the Tribunal directs to be given the notice of amendments.
- [13]Plainly those steps have not been taken. The result is that a judgment has been entered against a non-existent entity. In my view it is now too late in the appeal proceeding to correct that problem. If the matter had been addressed in the Tribunal below the correct party could have been joined to the proceeding and consequent amendments made to the claim.
Jurisdiction and leave to appeal
- [14]Ms Galagher is a party to the Tribunal proceeding below. She has commenced the appeal proceeding. On that basis I consider the application for leave to appeal or appeal is properly commenced and that I have jurisdiction to deal with the matter.
- [15]I will not deal with the complaints made by Ms Galagher in her application for leave to appeal or appeal which go to the merits of the matter, because I must deal with the consequences of non-compliance with r 16, which is an issue which goes to the jurisdiction of the Tribunal.
- [16]
- [17]I find that entry of judgment against an unregistered business name was made in error, brought about by non-compliance with the mandatory terms of r 16(4). That is an error of law.
- [18]A simple enquiry by the Adjudicator as to the registered status of the business name and the name of the persons conducting the business under that name could have enabled the applicant to comply with r 16(4), for the matter to proceed and for judgment to have been entered against the relevant person.
- [19]I intend to deal with the matter under s 146 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
- [20]There is no order of the Appeal Tribunal which can correct the error of law which has occurred in entering judgment against a non-existent legal entity and in proceeding in circumstances where r 16 has not been complied with.
- [21]Furthermore, a finding of fact will have to be made as to who is the correct respondent based on evidence put by the applicant and met by the respondent.
- [22]Accordingly, it is appropriate the matter is remitted to the Tribunal to be determined following compliance with r 16. The following orders are made:
Orders
- [23]I order that:
- 1.The order made on 20 September 2023 is set aside.
- 2.The matter is remitted to the Tribunal below to be reconsidered by a different Adjudicator.
- 3.Tracy Ranger must file in MCDT341/23 an amended claim against Wight Wolf Property Pty Ltd ACN 655136299 or other company carrying on business under the name Wight Wolf Property Management, and must seek the leave of the Tribunal to proceed against the relevant company.
Footnotes
[1] Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 28(3).
[2] Ibid s 142(3)(a).
[3] Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388, 389; McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577, 578, 580.
[4] Moreton Island Development Group v Smith Development Pty Ltd [2012] QCATA 15, [12]-[14].