QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Bax Investments Pty Ltd v Richards & Anor [2020] QCAT 404
PARTIES:
BAX INVESTMENTS PTY LTD
(applicant)v
TREVOR JAMES RICHARDS
(first respondent)
ELLEN HANNAH RICHARDS
(second respondent)
APPLICATION NO/S:
BDL187-17
MATTER TYPE:
Building matters
DELIVERED ON:
21 October 2020
HEARING DATE:
On the papers, 8 October 2020
HEARD AT:
Brisbane
DECISION OF:
Member P Roney QC
ORDERS:
1. In respect of the preliminary application, it is declared that the Applicant is not estopped from maintaining the whole or any part of its claim for the balance of monies owed under a construction contract made between the Applicant and the Respondents by reason of the decision of this Tribunal dated 19 July 2019.
2. The costs of the preliminary application are reserved.
3. I decline to make any order in relation to the costs of any of the parties in respect of the respondents’ application for security for costs, and therefore each party will meet their own costs in that regard.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – costs – where a decision to refuse cover under the statutory insurance scheme was set aside – parallel or associated proceedings for debt recovery
ESTOPPEL – ESTOPPEL BY JUDGMENT – ANSHUN ESTOPPEL – determination as a preliminary issue
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – SECURITY FOR COSTS – where respondents applied for security for costs against a corporate applicant and abandoned the application after receipt of up to date financial information,- costs- who should pay the costs of the abandoned application for security- whether security for costs would have been orderedQueensland Civil and Administrative
Tribunal Act 2009 (Qld), s 109
Richards & Anor v Queensland Building and Construction Commission & Anor [2019] QCAT 189
Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) [1967] 1 AC 853
Kuligowski v Metrobus (2004) 220 CLR 363
Blair v Curran (1939) 62 CLR 464
Ramsay v Pigram [1968] 118 CLR 271
Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589
Greg Black Constructions Pty Ltd v Brodie [2011] QCAT 671
Mobile Building System International Pty Ltd v Hua [2014] QCATA 94
Ultimate Property One Management Pty Ltd v Body Corporate for the Pivotal Point Residential CTS 33550 [2017] QCAT 424
Interlink Developments Pty Ltd v Kruger [2019] QCAT 219APPEARANCES:
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
In these Reasons I shall refer to the Respondents as Mr and Mrs Richards, and the Applicant as Bax Investments. There are two applications before the Tribunal which are required to be determined, and are determined in these Reasons.
The first arises out of a direction made by the Tribunal on 28 July 2020 in terms that there be determined as a preliminary issue ( “the preliminary issue”) in the proceeding, whether the Applicant is estopped…
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- Case
- [2020] QCAT 404
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. In respect of the preliminary application, it is declared that the Applicant is not estopped from maintaining the whole or any part of its claim for the balance of monies owed under a construction contract made between the Applicant and the Respondents by reason of the decision of this Tribunal dated 19 July 2019.
2. The costs of the preliminary application are reserved.
3. I decline to make any order in relation to the costs of any of the parties in respect of the respondents’ application for security for costs, and therefore each party will meet their own costs in that regard.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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