Bartlett v Contrast Constructions Pty Ltd

Bartlett sought leave to appeal a decision of the Queensland Civil and Administrative Tribunal (QCAT). The central issue was whether the Tribunal should grant leave to appeal as the application for leave was filed one day late. Additionally, Bartlett argued that the Appeal Tribunal had erred in law by dismissing the appeal of the original QCAT decision. The appeal pertained to a contractual dispute regarding liquidated damages arising from a change in the practical completion date of a building project, following the builder's abandonment of the works. The appeal tribunal had dismissed the original decision that awarded liquidated damages to Bartlett.

The Court considered the consequences of the late filing of the application for leave to appeal and whether the lateness alone warranted refusal of leave. The Court further examined the nature and impact of the alleged error of law made by the Appeal Tribunal. In assessing whether the error of law was sufficiently serious to result in injustice, the Court weighed the potential impact on Bartlett if the error was not corrected. The Court noted that the Appeal Tribunal had made an error in law by misapplying the statutory framework for the calculation of liquidated damages.

The Court granted leave to appeal and allowed the appeal, finding that the late filing of the application did not preclude the appeal on the grounds of untimeliness. The Court concluded that the Appeal Tribunal's error of law was significant enough to warrant setting aside the Appeal Tribunal's orders and reinstating the original decision awarding liquidated damages to Bartlett. The Court ordered that Contrast Constructions Pty Ltd pay Bartlett the sum of $402,037.17, plus interest. In the event of disagreement over the amount of interest, the Court directed the parties to file written submissions within 14 days. The Court also ordered that Bartlett recover the costs of the application and appeal from Contrast Constructions.