Allen v Contrast Constructions Pty Ltd

Case [2020] QCATA 132


QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Allen & anor v Contrast Constructions Pty Ltd [2020] QCATA 132

PARTIES: REECE ALLEN

(first applicant)

CHANTELL TAYLOR

(second applicant)

v

CONTRAST CONSTRUCTIONS PTY LTD

(respondent)

APPLICATION NO/S:

APL181-20

ORIGINATING APPLICATION NO/S:

BDL219-19

MATTER TYPE:

Appeals

DELIVERED ON:

16 September 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judge Allen QC, Deputy President

Member Traves

ORDERS:

1.   The application to stay the decision of 21 May 2020 on an interlocutory application made in BDL219-20 is refused.

2.   The matter is to be listed for a Directions Hearing at a time and date to be advised.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where stay of a decision on an interlocutory application sought pending appeal of that decision – whether a stay can be granted when leave to appeal the decision has not been granted – whether an interim order in the nature of a stay should be made.

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47, s 58, s 142, s 145

Austman Pty Ltd v Mount Gibson Mining Ltd [2012] WASC 202

Cook's Construction Pty Ltd v Stork Food Systems Aust Pty Ltd [2008] 2 Qd R 453
Day v Humphrey [2017] QCA 104
Eastern Metropolitan Regional Council v Four Seasons Construction Pty Ltd [1999] WASCA 144
Hessey-Tenny & Anor v Jones [2018] QCATA 131Kime v Klepper [2020] QCAT 207.
La Macchia v Department of Housing and Public Works [2015] QCATA 143
Leonard v Hugh Reilly Real Estate [2020] QCATA 24

Redding v Simmons [2016] QCATA 100

REPRESENTATION:

Applicant:

R Allen of Project Legal

Respondent:

Construct Law Group Pty Ltd

APPEARANCES:

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

REASONS FOR DECISION

  1. This proceeding commenced with an application for building dispute filed by Contrast Constructions Pty Ltd (the builder) on 19 August 2019. The application sought money owing under the contract and damages in the sum of $1 207 594.47 against Reece Allen and Chantell Taylor (the homeowners). The homeowners filed a conditional response on the basis they did not consider the Tribunal had jurisdiction to determine the matter. The homeowners then applied for an order dismissing the proceedings pursuant to s 47 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act) or, alternatively, staying proceedings until the parties had complied with the dispute resolution provisions of their building contract (the jurisdiction application).

  2. The jurisdiction application was determined by a Senior Member on 21 May 2020. The Senior Member held that the Tribunal had jurisdiction to decide the building dispute and accordingly, that the matter should not be dismissed under s 47 of the QCAT Act. The Senior Member also determined that the proceedings should not be stayed on the basis the parties had not complied the contractual…

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Details
AGLC
Allen & anor v Contrast Constructions Pty Ltd [2020] QCATA 132
Case
[2020] QCATA 132
Decision Date

CaseChat Overview and Summary

The appeal was brought by the defendant, Contrast Constructions Pty Ltd, against a decision made in an interlocutory application in the case of Allen v Contrast Constructions Pty Ltd. The primary issue before the court was whether a stay of proceedings could be granted when leave to appeal a decision has not yet been granted. The case arose from a dispute where the plaintiff, Allen, sought an interlocutory application, and Contrast Constructions applied for a stay of that decision pending an appeal of that decision.

The court considered whether it was appropriate to grant a stay of proceedings when the applicant had not yet obtained leave to appeal the decision in question. The court examined the principles governing the grant or refusal of stays of proceedings and the nature of interim orders in such cases. It was noted that the grant of a stay is generally a matter of discretion for the court and is influenced by factors such as the likelihood of success on appeal, the balance of convenience, and the potential prejudice to the parties.

The court concluded that the application for a stay should be refused as the applicant had not yet obtained leave to appeal the decision. The court found that it was not appropriate to grant an interim order in the nature of a stay when the applicant had not demonstrated a likelihood of success on appeal or shown that the balance of convenience favoured the grant of a stay. The matter was to be listed for a Directions Hearing to proceed with the case.

The court's orders were that the application to stay the decision on the interlocutory application was refused, and the matter was to be listed for a Directions Hearing. This decision underscores the court's approach to interim orders in interlocutory applications, emphasising the need for applicants to demonstrate a likelihood of success on appeal and a balance of convenience in favour of the stay.

Orders

Orders of the court

1. The application to stay the decision of 21 May 2020 on an interlocutory application made in BDL219-20 is refused.

2. The matter is to be listed for a Directions Hearing at a time and date to be advised.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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