Allen v Contrast Constructions Pty Ltd

[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…