| CITATION: | Barry Pitt Constructions Pty Ltd v Smith & Anor [2014] QCATA 339 |
| PARTIES: | Barry Pitt Constructions Pty Ltd (Applicant/Appellant) |
| v | |
| Shane Harold Smith Agnieska Smith (Respondents) |
| APPLICATION NUMBER: | APL085-14 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member Stilgoe OAM Member Deane |
| DELIVERED ON: | 9 December 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application for leave to appeal or appeal is allowed. 2. Order 2 of the orders of the Tribunal dated 23 January 2014 is set aside. 3. The matter is remitted to the Tribunal for determination according to law. 4. The proceeding, BDL037-13, is listed for a directions hearing on a date to be fixed. 5. Shane Harold Smith and Agnieska Smith are to pay to Barry Pitt Constructions Pty Ltd, within 14 days of agreement or assessment as applicable, its costs of and incidental to: a) this application for leave to appeal or appeal on an indemnity basis and certified fit for counsel, to be agreed, or absent agreement within 28 days of the date of this order, to be assessed by Hickey & Garrett Legal Costs Assessors, Level 21, 141 Queen Street, Brisbane. b) any assessment as also assessed. |
| CATCHWORDS: | APPEALS – DOMESTIC BUILDING DISPUTE – failure to award costs – whether inadequate reasons – failure to award interest – failure to give reasons – error of law Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 107, s 121, s 142, s 146, s 147 Queensland Building and Construction Commission Act 1991 (Qld), s 77 Pickering v McArthur [2005] QCA 294 Commissioner for Children and Young People |
APPEARANCES:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REPRESENTATIVES:
| APPLICANT: | Barry Pitt Constructions Pty Ltd represented by Mr Mark Williams of Counsel, instructed by Bill Cooper & Associates |
| RESPONDENT: | Shane Smith and Agnieska Smith represented by Mr Smith, assisted by McKays Solicitors |
REASONS FOR DECISION
Barry Pitt Constructions brought an application for a domestic building dispute against Mr and Mrs Smith, claiming $74,431.50 due under a building contract. Mr and Mrs Smith filed a counterclaim for defective work. The learned Member ordered Mr and Mrs Smith to pay Barry Pitt Construction’s claim but refused its application for costs and interest.
Barry Pitt Constructions seeks leave to appeal or to appeal the decision on the grounds that the learned Member erred in refusing the costs claim…
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- AGLC
- Barry Pitt Constructions Pty Ltd v Smith [2014] QCATA 339
- Case
- [2014] QCATA 339
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the QCAT had failed to award costs to Barry Pitt Constructions, whether there was an absence of adequate reasons for the QCAT's decisions, whether interest should have been awarded, and whether the QCAT had erred in law. The applicant argued that the QCAT had not properly considered its discretion to award costs and interest, and that the reasons provided were insufficient to justify the decisions reached.
The court found that the QCAT had indeed erred in law by failing to consider the applicant's entitlement to costs and interest. The reasoning provided by the QCAT was deemed inadequate, as it did not sufficiently address the legal principles applicable to the award of costs and interest in domestic building disputes. Consequently, the court granted leave to appeal and set aside the relevant orders of the QCAT. The matter was remitted back to the QCAT for reconsideration according to law.
The court further ordered that Shane Harold Smith and Agnieska Smith were to pay Barry Pitt Constructions' costs of the application on an indemnity basis. These costs were to be agreed upon or assessed by a specified legal costs assessor. The proceeding was scheduled for a directions hearing, with the date to be determined. This ruling underscored the importance of thorough reasoning and adherence to legal principles in domestic building dispute adjudications.
Orders
Orders of the court
1. The application for leave to appeal or appeal is allowed.
2. Order 2 of the orders of the Tribunal dated 23 January 2014 is set aside.
3. The matter is remitted to the Tribunal for determination according to law.
4. The proceeding, BDL037-13, is listed for a directions hearing on a date to be fixed.
5. Shane Harold Smith and Agnieska Smith are to pay to Barry Pitt Constructions Pty Ltd, within 14 days of agreement or assessment as applicable, its costs of and incidental to:
a) this application for leave to appeal or appeal on an indemnity basis and certified fit for counsel, to be agreed, or absent agreement within 28 days of the date of this order, to be assessed by Hickey & Garrett Legal Costs Assessors, Level 21, 141 Queen Street, Brisbane.
b) any assessment as also assessed.
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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