Baldwin v Von Knorring

[2015] QCATA 107

CITATION:		Baldwin v Von Knorring [2015] QCATA 107
PARTIES:	David Alfred Baldwin (Applicant/Appellant)
v
Peter Von Knorring (Respondent)

APPLICATION NUMBER: APL396-14

PARTIES:	Peter Von Knorring (Applicant/Appellant)
v
David Alfred Baldwin (Respondent)

APPLICATION NUMBER: APL399-14

MATTER TYPE: Appeals

HEARING DATE: 20 May 2015

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan
Member Quinlivan

DELIVERED ON: 14 July 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The appeals are allowed.

2.    The decision of 4 September 2014 is set aside.

3.    The matters are remitted to a differently constituted Tribunal for determination according to law.

4.    BDL297-13 be listed for a directions hearing in the Building List.

CATCHWORDS:

APPEALS – DOMESTIC BUILDING DISPUTE – where appeal allowed on errors of law – where parties denied procedural fairness – where error of law in application of s 84 of the Domestic Building Contracts Act 2000

Domestic Building Contracts Act 2000 (Qld), s 84
Queensland Building and Construction Commission Act 1991 (Qld), s 77
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28, s 142

Allaro Homes Cairns Pty Ltd v O’Reilly & Anor [2012] QCA 286
Racing Queensland v Dixon [2013] QCATA 172

APPEARANCES:

APPLICANT: Mr Baldwin appeared on his own behalf

RESPONDENT: Mr Von Knorring appeared on his own behalf

REASONS FOR DECISION

1. Mr Baldwin agreed to carry out a home extension and renovations for Mr Von Knorring. The works were proceeded with but the parties fell into dispute.

2. Mr Von Knorring commenced proceedings in QCAT seeking relief from payment of the balance owing under the contract ($16,540.00); a declaration about the validity of termination of the contract and the provision of certificates and keys.

3. Mr Baldwin responded seeking dismissal of the claim. He counter-claimed for an amount of $34,579.20 which he says was monies owing under the contract and for unpaid variations. He also claimed interest under the contract. In the alternative he made a claim for unjust enrichment.

4. Following an oral hearing the Tribunal ordered that Mr Von Knorring pay Mr Baldwin $12,832.00 and that upon payment of this amount Mr Baldwin give to Mr Von Knorring any outstanding building certificates, warranty documents and keys held by him to the property.

5. Both Mr Von Knorring and Mr Baldwin applied for leave to appeal and to appeal the decision. The applications and appeals were heard together.

Mr Baldwin’s Appeal

1. Mr Baldwin in his application raised only one ground of appeal, as follows:

   The evidence given by me has not been read by (the learned Member) and therefore a number of items in her decision are incorrect.

2. In his submissions in support of his application[1] he further particularised his complaints.

   [1]Filed 21 November 2014.

3. We accept these submissions filed as the document in which the grounds relied on are contained and they can be broadly summarised as:

   a)    The learned Member erred in that she failed to take into consideration that he had already reduced the final payment by $2,000.00 for the rendering of the front brick walls, which was not completed…