Allen v TKN Civil Works 2019 Pty Ltd

The matter of Allen v TKN Civil Works 2019 Pty Ltd involved a dispute between Allen, the appellant, and TKN Civil Works 2021 Pty Ltd, the respondent. Allen sought leave to appeal a decision made by the Queensland Civil and Administrative Tribunal (QCAT) which dismissed his application. The dispute at hand pertained to whether the matter was a building dispute at law and if it was properly instituted. Additionally, the issue arose as to whether QCAT had the jurisdiction to hear and decide the dispute, given that no application for conciliation by the commission had been made. The case was heard in the Queensland Court of Appeal.

The central legal issues before the court were whether the matter was a building dispute at law, and if QCAT had the jurisdiction to hear and decide the dispute. The court also needed to determine if the jurisdictional issue could be entertained by the Tribunal ex mero motu, where it was first raised on the application for leave to appeal. The appellant argued that the matter was a building dispute at law and that QCAT did not have the jurisdiction to hear and decide the dispute.

The court found that the matter was indeed a building dispute at law, and that QCAT did not have the jurisdiction to hear and decide the dispute. The court granted leave to appeal and allowed the appeal. The decision of the Tribunal made on 27 May 2021 was set aside, and the original application filed on 20 November 2020 was dismissed. The court reasoned that the jurisdictional issue could be entertained ex mero motu, as it was a matter of fundamental importance to the Tribunal's authority to hear the case. The court found that the lack of an application for conciliation by the commission rendered QCAT without jurisdiction to hear and decide the dispute.